This is about a Thai divorce process in Thailand. When Thais are questioned on how a divorce is done in the country, most likely they will tell you that you just need to go back to the Local District Office where you had the marriage registered and ask for a divorce. This type of divorce is the Uncontested Divorce, which most marriages between Thais are dissolved in this method.
Thai Divorce Process
The spouse will not be required to have grounds to divorce, just a mutual decision from both parties to end their union. Mixed couples may also avail to this type of divorce, but it also helps to be aware that uncontested divorces can only be availed if your marriage was registered in Thailand – and this rule is absolute.
There are times when spouses already agreed to have a divorce, but issues on the distribution of properties and child custody arise. As expected, neither of the party is willing to give up his or her right easily. Thus, the spouses may enter into a Thailand divorce agreement wherein they can list down their individual rights and duties after the divorce has been granted. This agreement should be registered at the District office at the time of the divorce.
It is normal for spouses not to agree to divorce mutually, more often an agreement regarding child custody and sharing of property cannot be obtained. Thus, a contested or judicial divorce is required. This might seem costly and lengthy, but this is the only method wherein each party is given an equal opportunity to be heard in court. The judge will step in and decide for the couple if it comes to a point that the parties find it hard to resolve issues amicably.
Contested divorce is only available to couples who have registered their marriage in Thailand. However, there are some exemptions to this rule parties who failed to register their marriage in Thailand may file a petition for the court to recognize their case if:
- At least one of the parties involved have been working in Thailand for a long period of time with a valid work permit;
- At least one of the parties involved is a Thai Permanent Resident;
- One party is a Thai citizen;
The petitioning party should also be ready to prove at least one ground for the divorce based on what is enumerated under Thai laws. Ground of Divorce from the foreign country of the petitioner does not count. Speak to a lawyer about the Thai Divorce Process in Thailand.