If you have decided that the marriage is over, filing for a divorce in Thailand may be the right step for you. In fact, it is a lot faster and less expensive than going through the courts in your home country.
Divorce in Thailand can be done on one of two grounds: uncontested or contested.
A disputed divorce can be filed when either of the parties to the marriage has a strong reason to believe that their marriage should be terminated by court order. It is advisable to seek the help of a family lawyer who is familiar with Thai divorce laws and who can represent you effectively in a contested divorce case.
The first step in a disputed divorce is to file a complaint for divorce in the Thai Family Court. This pleading should include your claim for divorce, which is usually accompanied by claims regarding marital property and the sum of money you wish to be awarded.
In a disputed divorce case the first hearing takes place within 45 days of the filing date, but it can take as long as a year to complete the proceedings depending on the issues involved and the court schedule.
An experienced divorce lawyer can help you to prepare a strong divorce claim and ensure that the evidence gathered during your divorce process is presented in the best possible light. This will allow the judge to fully understand your needs and wishes, ensuring that your divorce is free from mistakes that would otherwise cause delays in your final judgment.
There are also many other factors that you need to consider when deciding to get a divorce in Thailand. For example, you should consider the possibility of applying for a Thai prenuptial agreement to protect your assets and properties in case the marriage ends in divorce.
A prenuptial agreement is a written contract between two people before they are married that states what rights each party has to their properties and assets in the event of divorce. The agreement should be legally executed and must be signed by both parties.
You should also ensure that you have legalised copies of your passport and the Thai marriage certificate before proceeding with a divorce in Thailand. You will need to have these legalised documents translated into Thai as well.
Obtaining a Thai marriage certificate is relatively simple and can be done in most places in the country, including Bangkok and Amphur (provinces). If you are a foreigner you will need to present your passport and a house registration book that belongs to you or your spouse.
Filing for an Uncontested Divorce in Thailand
A couple that wants to end their marriage can apply for an uncontested divorce using a procedure called administrative divorce. This is an easy procedure and can be applied for at any district office (Khet or Amphoe) provided that both of the spouses agree to the divorce.
An uncontested divorce is a fast and simple way to get a divorce in Thailand and is often preferred by couples due to its convenience and cost. It is important to note that only marriages registered in Thailand can be used for this type of divorce.