To terminate a marriage in Thailand, the couple needs to undergo divorce process. The dissolution of marriage is granted once the couple filed for a divorce. There are two kinds of divorce in Thailand. The difference mainly would be whether both spouses agree to it or only one party wants the divorce.
If both parties consent to the separation, Uncontested Divorce can be filed. This is the type of divorce the couple could file if they have a mutual judgement with regards to dissolution of marriage. In the Uncontested Divorce, no disputes arise in terms of property division and child custody.
Uncontested Divorce is easy to administer. Just go through the following steps:
- File the Divorce at the Amphur (Register Office)
The couple can go to the same Amphur where they registered the marriage.
- Present the documents
You need to bring the following documents: foreign spouse passport; Thai spouse ID card; marriage certificate; Divorce by mutual consent must be made in writing and it needs to be certified by the signatures of 2 witnesses
- Post divorce arrangements
Questions about child custody, alimony, division of properties and similar other matters will be asked.
- Sign the divorce form
If no points of conflict, a form will be given for the couple to sign.
- Divorce certificate will be issued
Contested Divorce is much more complicated, thus it would be best to contact Siam Legal and get assistance. This type of divorce takes the court judgement on the dissolution of marriage since in effect, one party is unwilling to terminate the marriage. The decision of the court will determine if the marriage should be ended.
The following steps transpire for a typical Contested Divorce in Thailand:
- File a case at court
- Court will determine if there is enough evidence to support the ground
- Legal representation
- Divorcing parties must be personally present during court hearings
- The court will then decide on what to do about the couple’s children, if any
- The court will also equally divide the couple’s common property. In case the ground for divorce is adultery and the offended spouse claims for damages, the court can demand the erring spouse to pay.
Language barrier and lack of knowledge on Family law are the common challenges a plaintiff meet. Let an international and reputable law firm handles your Thailand Contested Divorce and represent you in court for an easy administration of your divorce case.