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Divorce in Thailand

Divorce in Thailand

Divorce in Thailand means a mutual consent of both spouses, in order to dissolve the marriage, according to the Civil Code in the country. If you find yourself in this situation and you need to divorce in a fast manner, then you should solicit help and assistance from our lawyers in Thailand.

Divorce regulations in Thailand 

The law that regulates divorce in Thailand is the Civil and Commercial Code of Thailand, specifically Book V on Family Law. This law governs the requirements, procedures, and grounds for divorce in Thailand. Additionally, the Thai court system has jurisdiction over divorce cases and will adjudicate any disputes or issues that arise during the divorce process. It is advisable to seek the services of our Thai lawyers who can guide you about the specific legal requirements and procedures for divorce in Thailand. Additionally, if you are an expat, you can learn about the steps of a divorce in Thailand for foreigners. 
In addition to divorce, there are also other matters that require legal attention. For instance; acquiring a residency permit in Thailand can be a complicated process, and there are strict legal requirements that must be met. Our immigration lawyers can help you understand these requirements and assist you with the application process.

 Quick Facts  
 Grounds for divorce in Thailand  Adultery, Desertion for at least one year, Imprisonment for over one year, Physical or mental cruelty, Separation for at least three years

 Minimum separation period before applying for divorce

 3 years

 Competent court

Family court 

 Separation agreement recognized in Thailand (Yes/No)  No, Thai law does not officially recognize such an agreement
 The party at fault

 Maybe both, one, or neither

 The treatment of property after divorce in Thailand

 Thai court will divide the property according to law and case facts

Joint home/apartment treatment after a divorce 

It depends on various factors such as the ownership of the property, the terms of the divorce agreement, and the willingness of both parties to cooperate 

 Child custody after divorce in Thailand

 The court will make its decision in the most beneficial interests of the child

 Child maintenance after divorce

 Entitled to receive, and if a parent refuses to pay the minor can sue through a legal representative 

 Minimum child alimony  Varies case to case, but the minimum is 10% of the parent’s income
 Maintenance payments for the other spouse

 The Court will determine the amount and extent of maintenance to be granted or denied, taking into account the ability of the person obligated to provide maintenance

 Maintenance amounts for the other spouse

 Determined by the concerned court

 Costs commonly required for divorce in Thailand

 court fee is usually about two percent of the total claim and the court delivery fee for summons

 Mandatory legal representation for divorce

 Not mandatory, however, it is strongly suggested

 Legal assistance for divorce in Thailand  Yes, our divorce lawyers in Thailand offer assistance with divorce proceedings

The divorce procedure in Thailand 

There are several steps and requirements for getting a divorce in Thailand. Here is a general overview of the divorce procedures in Thailand:

1. Eligibility: Before filing for divorce, you must meet the following requirements:

  • Be married under Thai law;
  • Have a valid marriage certificate;
  • Have a legitimate reason for divorce.

2.      Grounds for Divorce: There are several grounds for divorce in Thailand, including:

  • Adultery;
  • Desertion for at least one year;
  • Imprisonment for over one year;
  • Physical or mental cruelty;
  • Separation for at least three years;
  • Living apart for at least three years without any relationship.

3.      Filing a Divorce Petition: To file for divorce, you need to prepare a petition and submit it to the District Court where the couple was married or where the respondent resides. The petition should include details about your marriage, grounds for divorce, and any requests for child custody, alimony, and property division;

4.      Mediation: After submitting the petition, the court may order mediation to try and reconcile the couple. But if this effort fails, the divorce proceedings continue;

5.      Court Hearing: Once the court has reviewed the petition and all related documents, it will schedule a hearing. During the hearing, the court will hear both parties’ arguments and evidence. A divorce decree will be issued if the court determines that the grounds for divorce are valid;

6.      Appeal: If one of the parties disagrees with the court’s decision, they can appeal to the Court of Appeals within one month from the date of the decision;

7.      Registration of Divorce: After the court has issued a divorce decree, you must register it with the local Amphur (district office) within three months. Amphur will then issue a divorce certificate, which is proof that you are legally divorced.

Note that the divorce procedures in Thailand may vary depending on the circumstances and location of the divorce. It is advisable to seek legal advice from our qualified Thai lawyers to ensure that you understand the process and requirements. Besides this, our lawyers can also guide you about the procedure of divorce in Thailand for foreigners.

Divorce by mutual consent in Thailand

mutually consented divorce in Thailand implies an agreement between the spouses regarding the custody of children, alimony, and certain assets. If both spouses will decide on the terms of the divorce, the procedure will be quite simple and less expensive. It is good to know that you can solicit help from our Thai lawyer, in order to settle the arrangement regarding the child custody and division of marital belongings. When requesting the divorce, the partakers are not obliged to meet in the same location where the marriage took place, but it is necessary for both to be present when filing for a mutual consent divorce.

Apart from the matter mentioned above, we remind you that our Thailand law firm can provide you with information and legal assistance related to the Thai visa or regarding the taxes in the country.

Divorce by a court judgment in Thailand

In case the spouses do not agree on the divorce terms, they can file a petition before the Amphur office in Thailand, the administrative or the district court that deals with such issues. The contested divorce will be then managed by the Judgment Court in Thailand, and in this case, you will need representation from our lawyer in Thailand. This procedure usually takes more time, and the magistrate will take into consideration the arguments for a contested divorce in Thailand, such as: 

  • if the spouse committed adultery;
  • if the spouse caused severe injury to the body or mind;
  • if one spouse has failed to offer suitable care and support to the other
  • if one spouse has been declared missing from home for a long period of time;
  • if one spouse has been unreasonable or has suffered from a mental illness without being cured, a reason is strong enough to dissolve a marriage.

If you want to file for divorce, you can get in touch with our lawyersin order to receive guidance and legal assistance. If you need help obtaining a residency permit in Thailand, contact our specialists. In Thailand, obtaining a permanent residence permit, also known as a residence visa or permanent visa, is a difficult process. However, the benefits of obtaining one outweigh the time, money, and effort required to complete the difficult procedure.

How can our lawyers help you with divorce in Thailand?

Our divorce lawyers in Thailand can be very helpful if you are considering getting a divorce. They can offer you the following services:

  • Legal advice: Our Thai lawyers can provide you with legal advice on the divorce process, including the grounds for divorce, legal procedures, and what to expect in court. They can also advise you on the various options available for settling issues such as child custody, alimony, and property division;
  • Document preparation: Our divorce lawyers in Thailand can assist you in preparing and filing the necessary documents for your divorce petition, including the divorce petition itself, affidavits, and financial disclosures;
  • Representation in court: Our lawyers in Thailand can represent you in court and argue your case before the judge. They can present evidence, cross-examine witnesses, and argue for your legal rights and interests;
  • Mediation: Our lawyers can help you negotiate and mediate with your spouse to resolve any disputes and reach a settlement agreement. This can help you avoid going to court and can save you time and money;
  • Translation services: If you do not speak Thai, our divorce lawyers can provide translation services to ensure that you fully understand the legal process and your legal rights.

Overall, our divorce lawyers can be a valuable resource in navigating the divorce process in Thailand. They can help ensure that your legal rights and interests are protected and can help you achieve a fair and satisfactory outcome. They can further assist you in the proceedings of divorce in Thailand for foreigners

Divorce statistics in Thailand

Please find below a major shift in the Thai divorce rate:

  • In 2006, the divorce rate in Thailand was 27%;
  • Whereas, in 2021 the number of registered divorces in Thailand was 110.9 thousand.

Contact our lawyers to learn more about the procedure of divorce in Thailand for foreigners.

If you are planning to immigrate to Thailand, you should know that it has strict visa and immigration requirements that can be complicated and confusing. Our Thai lawyers can help you understand the requirements, assist you with the visa application process, and help you comply with relocation regulations.