FREQUENTLY ASKED QUESTIONS
What is the difference between a Contested and Uncontested Divorce in Thailand?
Uncontested divorce is the termination of marriage by mutual consent. Contested divorce is when one or both spouse does not agree with the terms of the separation or has broken the marriage agreement. While a couple may agree to divorce, things could become complicated and can be contested when it comes to some important conjugal matters such as child custody and sharing of properties.
What are the grounds for divorce?
-One spouse has committed adultery
-One spouse is guilty of misconduct
-One spouse has seriously harmed or tortured the body or mind of the other
-One spouse has deserted the other for more than 1 year
-One spouse has been imprisoned for more than 1 year
-The spouses have voluntarily lived separately for more than 3 years
-One spouse has disappeared for more than 3 years
-One spouse has failed to give proper maintenance and support to the other
-One spouse has been an insane person for more than 3 years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected
-One spouse has broken a bond of good behaviour executed by him or her
-One spouse is suffering from a communicable and dangerous incurable disease and may cause injury to the other
-One spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife
What are the advantages of uncontested divorce in Thailand?
The procedure is typically faster and cheaper as there is no need for a representation in court while preserving both parties’ privacy. There is less emotional stress involved to both parties, as well as to their children and respective families as it enables the couple to end their marriage in a civilized manner. You lose control of the divorce process once a judge turns over to decide. The judge may come up with an arrangement that neither of you will be comfortable with. He may also come up with a property settlement where you lose things that were more valuable to you.
How do we file an uncontested divorce in Thailand?
Uncontested divorce is possible only if the couple has no disagreements over children or property. Filing for uncontested divorce is as simple as registering your marriage and the process can be completed in one day at the local district office. There is no need to have a ground for divorce. The couple’s mutual decision to end the marriage is enough. This must be made in writing with at least two witnesses. Relevant documents shall be presented, proper forms must be completed, and important questions must be answered then a divorce certificate will be issued by the registrar office.
This type of divorce only applies if the couple are married in Thailand. Marriages outside the Thai jurisdiction who wishes to file for a divorce in Thailand shall have to go through the court system.
What must our divorce agreement contain?
A settlement or divorce agreement contains provisions regarding the terms of sharing of assets, child custody and support, alimony, and other important matters. It is recommended that you decide these matters beforehand and formalize them in a divorce contract. This will guarantee that there are no disagreements before you go to the registration office. The details of the divorce conditions shall be specified in the divorce registration.
In case of uncontested divorce, can my lawyer appear on my behalf?
No. Each party must be physically present to make a personal declaration before the officer of their intention to divorce.
Who shall determine the concerns regarding maintenance of children upon divorce?
In case of divorce by mutual consent, an arrangement shall be made and contained in the agreement of divorce as to who, both of the spouses or either spouse, will contribute to the maintenance of the children and how much is the contribution.
In case of divorce by judgment of the Court or in case the agreement of divorce contains no provisions concerning the maintenance of the children, the Court shall determine it.
How will marital property and debts be shared between the parties?
Marital property is anything acquired during the course of marriage by way of gift, purchase, or inheritance. Personal property is anything acquired before the marriage. When a couple divorces in Thailand, all marital property is divided equally and personal property remains to the individual. If both parties agree to the terms then the proceedings are not complicated. However, if the couple cannot agreeably settle the property distribution issues, the court will have to resolve the issues based on Thai laws. Common debts incurred shall be of equal liability between the couple upon termination of the marriage.
When does a contested and uncontested divorce case take effect?
In case where a marriage has been registered according to law, divorce by mutual consent takes effect from the time of registration. If all documentation is in order, the divorce can be completed and registered in one day.
Divorce by judgment of the Court takes effect on and from the time when the judgment becomes final; however, such judgment may not be set up to the prejudice to the rights of third persons acting in good faith unless the divorce has been registered.
Is it possible to change from a contested to uncontested divorce?
Yes. The filing or both parties may withdraw the contested divorce case anytime and file an uncontested divorce instead.
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