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Divorce & Property

Under Thai Law, there are three reasons for a marriage to be terminated: Death, Divorce and Cancelled by Court. In Thailand, there are no differences between foreigners and Thais. Although it is a must for them to translate the documents which can be a bit complicated. To have a divorce in Thailand, your marriage should be based and recognized under Thai Law.

Two types of divorce in Thailand are:

Mutual Consent Divorce or Uncontested Divorce

This type of divorce is where both spouses agree to terminate their marriage. It should be made in writing and certified with signatures of two witnesses. No format is needed for this type of agreement aside from the fact that both parties mutually agrees to have a divorce. Both have decided to go through this stage and have planned the divorce. The divorce must be processed and  registered at the district office, both parties should agree over the child custody, separation of assets and any other issue they want to be covered in their agreement.

Contested Divorce

This type of divorce is for spouses who can’t agree on their divorce, wherein one party needs to file a petition to the court in Thailand. The person requesting the divorce has to appear in court and prove his or her allegation for asking a divorce. Here are several grounds for divorce:

  • ·  The husband has already honored and given maintenance to another woman’s his wife
  • ·  Adultery is committed by the wife or husband
  • ·  One of the spouses is guilty of misconduct
  • ·  One of the spouses deserted the other for more than 12 months
  • ·  Both spouses mutually agreed to live separately for more than 3 years
  • ·  One of the spouses is confirmed to have disappeared or has left the residence for more than 3 years
  • ·   Lack of marital support
  • ·   One of the spouses has been found insane for more than 3 years continuously
  • ·    One of the spouses has been found suffering from an incurable, dangerous disease which may cause injury to the other
  • ·   One of the spouses has a physical disability and could not properly perform as a husband and wife.

The process for a divorce in Thailand requires careful preparation of specific grounds and facts to obtain it. Thus, it is best to seek legal advise from a lawyer in Thailand for this process.