How Can We Divorce In Thailand And Where?
In getting a divorce according to Thai Law, there are 3 reasons for the termination of the marriage which are death, agreement and judgment of the Court.
Get Divorce By Agreement
Under Thai Law, individuals can divorce by mutual agreement without reason due to the marriage is a civil contract. Thus, individuals can terminate the agreement anytime by mutual consent and register the divorce at any District Office in Thailand. Then, both parties are required to make an agreement after divorce concerning the marriage properties and assets, children’s custody and alimony.
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Requirements
- ID card (Thai nationality)
- House Registration (Thai nationality)
- Passport (Foreigner)
- Marriage Certificate
- Divorce Agreement
- Prenuptial Contract (if any)
- Two (2) witnesses
Get Divorce By Judgment Of The Court.
In case spouses are not able to agree to get a divorce by mutual consent, one spouse needs to enter a claim for divorce to the Thai Court. After the Court hearing, then one spouse can register the divorce by judgment of the Court at any District Office in Thailand without the presence of the other spouse.
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Grounds of action for divorce
- One spouse has given maintenance to or honoured another person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;
- One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other;
- to be seriously ashamed; or
- to be insulted of hated or account of the continuance of being husband or wife of the spouse having committed the misconduct; or
- to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration;
the latter may enter a claim for divorce;
- One spouse has caused serious harm or torture to the body or mind of the other or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;
- One spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
- One spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party to sustain excessive injury or trouble, the latter may enter a claim for divorce;
- The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
- One spouse has been adjudged to have disappeared, or has left his or her domicile or residence for more than three years and is uncertain whether he or she is living or dead;
- One spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
- One spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
- One spouse has broken a bond of good behaviour executed by him or her, the other spouse may enter a claim for divorce;
- One spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
- One spouse has a physical disadvantage to be permanently unable to cohabit as husband and wife, and the other may enter a claim for divorce.
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Requirements
- ID card (Thai nationality)
- House Registration (Thai nationality) or
- Passport (Foreigner) and
- Marriage Certificate
- Judgement of the Court
- Two (2) witnesses
Are You Looking For The Answer Of These Questions?
- Are you considering separating from your spouse?
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- Has your spouse abandoned you?
- Do you require assistance with child custody matters and child support?
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Our Services
We have an experienced team of family lawyers with extensive experience with divorce in Thailand. Our Thailand lawyers are experts in the legal requirements and the technical process of divorce.
- Draft and Review Divorce Agreement
- Divorce and Custody Lawsuit
- Privates Investigation
- Assets Investigation
- Marriage Assets Negotiation
- Power of Attorney
- Legalization by Ministry of Foreign Affair
- Notary Public
- Translation
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