When your relationship changes to the point that it can no longer be saved, you may find yourself in need of a Divorce or Dissolution of Marriage in Bangkok. No matter the reason, it is important to know your rights and what to do to protect yourself. Here are some tips for navigating the Thai divorce process. Once you’ve decided to separate, be sure to follow the guidelines laid out below.
Uncontested Divorce
If you and your spouse have decided to separate, you have two options – an uncontested divorce or a fought divorce. In Thailand, an uncontested divorce is the preferred option for many couples. It is easier and cheaper than a contested divorce. In Thailand, you have the option to file for a divorce or dissolution of marriage in Thailand without a lawyer. But before you proceed with this option, be sure to read the laws regarding divorce in Thailand to be sure you are eligible.
If you want to file for a Thai divorce, you can do so at the provincial government where your marriage was registered. The divorce appointment must be scheduled at least seven working days in advance and all required documents must be presented to the divorce officer. Once you are satisfied with the documents, you can apply for your divorce certificate, which is issued free of charge. A contested divorce will cost you around US$4,000, while an uncontested divorce will cost you just a few dollars.
Contested Divorce
While Thailand doesn’t recognize an uncontested divorce from another country, it does not necessarily mean that a foreigner can’t receive one. To qualify for a Thai divorce, both parties must be Thai citizens and live in Thailand. If either party is guilty of adultery, they must prove it through misconduct or conduct. The dissolution of marriage can be finalized through a Thai court judgment. If both parties agree on the terms, the divorce process can proceed without the need for legal representation.
In Thailand, property acquired during the marriage is viewed as communal property. However, property acquired before marriage does not belong to the community. Nevertheless, the erring spouse may be required to pay for adultery. Regardless of the circumstances of the dissolution, the property of the husband and wife will be divided according to the Thai law and the factual situations of the couple. In general, debts incurred during the marriage are shared equally.
Divorce by Mutual Consent
A divorce by mutual consent in Thailand involves both parties agreeing to dissolve the marriage. The divorce itself requires the signature of two witnesses and is enforceable only if the divorce is registered in the Thai courts. In Thailand, all marital property is divided equally between the spouses. Personal property, however, remains an individual’s property. Personal property includes gifts, purchases, inheritances and possessions. In Thailand, divorces by mutual consent can be a more straightforward and cost-effective alternative to a divorce by court.
The law in Thailand differs from the laws in other countries. Divorces by mutual consent are relatively easy to obtain and do not require the spouses to appear in front of a judge. Divorces by mutual consent can be finalized in as little as a day. Couples who have been married for at least one year and are legally separated may apply for a divorce by mutual consent. However, if neither spouse consents to the divorce, the case may go to court.
Divorce by Settlement Agreement
Divorce by settlement agreement is a legal form of divorce in Thailand. This document is signed by both parties in the presence of two witnesses and serves as a record of the agreement. It will protect both parties from future disputes. If there are children involved, the couple must complete compulsory attendance at the Juvenile Observation and Protection Center. Property acquired during the marriage is shared equally. Pre-marriage property remains the property of the previous owner.
Thai marriage laws consider property to be community property. If you were to purchase a house prior to marriage, you would not have to share it with your spouse. If you married after acquiring property, the same principle applies. Upon termination of the marriage, assets are distributed based on the Thai law. However, pre-marital agreements can change the distribution of assets and property. The court will determine what assets will be split after Thai law takes effect.
