Dissolution of marriage is possible in Thailand by filing for a divorce. It could be done through the following alternatives.
- Divorce could be filed through mutual consent when both the parties want to file for a divorce, and mutually agree upon the dissolution of the marriage. For an uncontested divorce, both the parties only need to register their divorce at the District Office, wherein the marriage was registered, or at the Register Office, wherein the Thai couple stays. Documents required in this regard would be Thai national ID, marriage certificate and the house registration certificate, and the passport of the foreign-born citizen. Marriage-related settlement, if any, will be filed with the officer at the Register Office, at the time of the divorce registration.
- A divorce could be filed at the Thai family court as well. This happens in case of Contested Divorcewhen either of the party is in non-agreement with the divorce, or in simple words, doesn’t want to end the marriage. Such a situation calls for court proceedings, and the court will decide upon the divorce. The decision would be dependent on the proof submitted in the court to support the claim for the grounds of divorce.
- In some cases, wherein the couple agree to divorce, but concerns such child custody, marital assets, child and spousal support, visitation rights, etc. are there, the matter must be settled in the court. The court will make a decision and issue a settlement order, directly enforceable, and which cannot be breached by any of the parties.
Divorcing when only one Party is Thai National
The conditions are pretty much the same. The couple needs to file for a divorce at a district office. Documents such as the marriage certificate (in Thai), house registration, Thai ID card, along with foreign national’s passport are required. Divorce certificate would be issued as early as on the same day if the divorce is uncontested, and both the parties are willing to amicably settle factors such as marital assets, child custody, etc.
For additional information and guidance on divorce in various other circumstances, get in touch with the experts at BLS.