Generally there are 2 known types of divorce in Thailand: Contested Divorce and Uncontested Divorce. We will discuss each one below.
An uncontested divorce is also referred to as administrative divorce. The process is quicker and straightforward because both parties mutually agree to terminate the marriage. For this type of divorce, parties do not need to have a ground to sever their marriage. Their mutual agreement to end the marriage is enough. Uncontested Divorce is conducted at the local Register Office, also called as “Amphur”. On the divorce process, both parties need to be physically present and be able to sign in from of the office to terminate the marriage.
Contested divorce involves judicial or court decision. This is called Contested because one party wants to terminate the marriage while the other doesn’t agree. In a contested divorce, the petitioning party must provide a ground where the termination of marriage will be based. Since both parties didn’t reach a mutual agreement, one party will seek the court’s decision in order to terminate the marriage. Evidences must be sufficient and should support the ground for divorce.
Contested divorce is also seek when there is a disagreement on child custody and marital property sharing.
Contested divorce needs court intervention to resolve whether or not the marriage must be terminated, and to settle the accompanying issues of the divorce.
There’s a lot of interracial marriage in Thailand nowadays. Divorce can be between 2 Thais, a Thai and a foreigner couple, or between 2 foreigners.
DIVORCE with THAI & THAI
When the couple are both Thais it would be much easier especially if it’s uncontested. Just register the divorce at the amphur. When the couple cannot reach a compromise on settling marital properties and child custody, it would be best to seek the assistance of a lawyer to come up with a settlement. If this needs to be filed at the court, our Phuket lawyers will be able to assist you from the initial step until the end of the divorce process.
DIVORCE with THAI & FOREIGNER
In a marriage between a Thai national and a foreigner, filing a divorce might be more difficult due to differences between language and culture. But if the couple mutually agreed in a divorce and decided to file an Uncontested Divorce, a caution must be put in here as not all countries recognize this form of divorce. Before filing a Divorce at the Amphur, make sure that the divorce will be recognized in the foreign spouse’s home country.
DIVORCE with FOREIGNER & FOREIGNER
Interracial marriage would be the hardest, and it is also true in Divorce proceedings due to difference in language and culture, plus both parties are not familiar with Thai family law. Foreigners who want to divorce in Thailand must seek the advice of a lawyer so they may be guided on how they can process the divorce.
Contact our Phuket divorce lawyers at (+66)7 632-6322 to check whether your home country or your state will recognize the divorce registered in Thailand. Before even starting the divorce process, it is important to know if the couple’s domicile will recognize their foreign divorce.