Getting divorced in Thailand
Getting Divorced in Thailand: A Guide to Understanding the Legal Process and Requirements
Getting divorced in Thailand can vary in complexity, depending on how well-prepared you are. Understanding Thailand’s divorce laws, requirements, and processes can save you time, money, and reduce stress.
Whether you are both Thai nationals, a Thai and foreigner couple, or both are foreigners, here is a complete guide for you along with information on alternatives to divorce such as trial separation and marriage counselling and guidance for coparenting and support for children.
Disclaimer: This blog, “A Guide to Understanding the Legal Process and Requirements,” is intended for informational purposes only. We are not legal advisors, and the information provided is based on our best knowledge. It should not be relied upon for legal purposes in its entirety. For specific legal advice and assistance, we strongly recommend contacting legal advisors, your embassy, or consulate.
Understanding Thailand’s Divorce Laws
According to data from The Bureau of Registration Administration of Thailand, in 2022, a total of 305,487 couples registered for their marriages, while 146,159 couples decided to register for a divorce. This represents 47.6% of married couples, or approximately 400 divorces per day.
Thailand’s divorce laws are under civil law which indicates that marriage is terminated for three main reasons: death, divorce, or a court order. The legal process for divorce in Thailand mostly could be done through a district office (Amphur) with no fees.
There are two types of divorce:
- Uncontested Divorce
An uncontested divorce is when both parties mutually agree to the divorce. This type of divorce requires a written agreement signed by both parties, along with at least two witnesses.
Under an uncontested divorce, both parties could take the divorce registration in two ways:
- Divorce registration at the same registration bureau: Both of the divorced parties can register the divorce at the same bureau together.
- Divorce registration at different registration bureaus: Each party in the divorce is located in a different district or country, making it more difficult for them to travel to the same registration bureau to finalise the divorce. The parties involved must agree on which party will initiate the divorce registration process first and which registration bureau it will be submitted to.
- Contested Divorce
A contested divorce occurs when both parties cannot reach an agreement and need to involve lawyers to proceed. One party files for divorce, and the court grants it based on one of the ten legally defined grounds for divorce under Section 1516 of the Thai Civil and Commercial Code, Grounds for divorce outside these legal provisions are not valid for entering a claim for divorce.
Who Can Get a Divorce in Thailand?
- Among Thais
- Thai-foreign couples
- Foreign couples 3.1 At least one party must be a permanent resident in Thailand 3.2 There must be a valid ground to register a divorce in Thai courts
Foreign couples who got married in Thailand or outside of Thailand can file for divorce in Thailand only through the Thai court system. The court will consider a foreign couple’s marriage unregistered in Thailand if at least one party has been working in Thailand for a significant period and holds a valid work permit, and at least one party is a permanent resident of Thailand or has resided in Thailand.
If both foreign parties are permanent residents of Thailand, they have the right to get a divorce here.
Before Getting a Divorce
Before getting divorced in Thailand both parties must understand the type of divorce they are pursuing. An uncontested divorce generally more straightforward, while a contested divorce is more complex and requires more time. In terms of where to get a divorce, obtaining a divorce in Thailand at the same registration bureau is more convenient. However, getting a divorce at a different registration bureau, such as an Embassy, might take more time, and documents and be more stressful.
Divorce Process in Thailand
- An uncontested divorce
According to the Department of Provincial Administration of Thailand, if both parties wish to register a divorce, they can do so at any district registration bureau, without having to visit the bureau in their birth district registration bureau. They can also visit their nearest district office, or an embassy/consulate (in case of divorce registration at different registration bureaus).
The process can be completed in two hours for an uncontested divorce at the same registration bureau. However, it can take 3 – 6 months if they choose to register for an uncontested divorce at a different registration bureau, as each registration bureau or county’s embassy may take varying amounts of time to process the divorce.
Required documents for registering an uncontested divorce :
- Identification cards / Passport / Driving license
- Marriage certificate (Khor Ror. 3)
- Divorce Agreement
- Application For Registration Of Divorce (Embassy required documents)
- Legalization Application Form (Embassy required documents)
- Copy of house registration (For Thais)
- Court order, and final case certificate (For court-ordered divorce)
- At least two witnesses who are older than 20 years old are required
Steps for registering an uncontested divorce
1.1 Registration of uncontested divorce at the same registration bureau
- The divorced parties must physically present at the same registration bureau to register for a divorce at the same time.
- The district officer will check the required documents and record the details in the divorce registration certificate (Khor Ror. 6) and in the divorce certificate (Khor Ror. 7) If both parties wish to record agreements related to property, child custody, or other matters, the district officer will ask the divorced parties to show the divorce agreement.
- Both divorced parties and two witnesses sign the divorce registration certificate (Khor Ror. 6).
- The district officer will send off all the documents to the district chief registrar. If the district chief registrar finds the documents are correct, they will approve and notify the result of the consideration within 1.3 hours.
- Last, the district officer will provide each divorced party with the divorce certificate (Khor Ror. 7) to keep.
For Example: Divorce for Thai and Foreign Couples in Thailand: A Thai and a foreign partner decided to get an uncontested divorce at the Phuket registration bureau.
Procedure:
- Both parties must be physically present at the Phuket registration bureau at the same time.
- The district officer will check the required documents and record the details in the Divorce Registration Certificate (Khor Ror. 6) and the Divorce Certificate (Khor Ror. 7). If there are agreements related to property, child custody, or other matters, the officer will request to see the divorce agreement.
- Both parties and two witnesses sign the divorce registration certificate (Khor Ror. 6).
- The district officer sends all documents to the district chief registrar. If the documents are correct, the district chief registrar will approve and notify the result within 1.3 hours.
- The district officer provides each party with the Divorce Certificate (Khor Ror. 7) to keep.
1.2 Registration of uncontested divorce at a different registration bureau
NOTE: Both parties seeking divorce must agree on which party will initiate the divorce registration process first (Considering Registration Office 1) and which registration bureau it will be submitted to.
Registration Office 1
- The divorce party who first initiates the divorce registration must go to any district registration bureau, district Office, or an embassy/consulate to apply for divorce. This office is referred to as “Registration Office 1.” Once the registration of a divorce application is submitted, the district officer will verify the divorce application, identify all requested documents, and record it in the divorce registration certificate (Khor Ror. 6)
- The divorce first party with the witness must sign the divorce registration certificate (Khor Ror. 6) and specify to the district officer where the other divorced party will sign.
- The district chief registrar will sign the divorce registration certificate (Khor Ror. 6) and send all copies of the divorce application documents to the registration office 2 where another divorced party is located.
Registration Office 2
- Once the district chief registrar two receives the copies of the divorce application documents from the registration office one, they will notify the other divorced party to come in and verify the accuracy of the divorce registration documents received from registration office one.
- If all the documents are correct, the other divorced party will sign the divorce registration certificate (Khor Ror. 6) same as the district chief registrar two, and provide the divorce certificate (Khor Ror. 7)
- The district chief registrar two will provide the divorce certificate (Khor Ror. 7) for both divorced parties to keep by sending back the divorce certificate (Khor Ror. 7) to the registration office one.
For Example : Divorce for a Thai and Foreigner Couple (When One Party is in Another Country)
A Thai woman decided to get a divorce from her American husband, who currently resides in Washington. In this case, the process must follow the registration of an uncontested divorce at different registration bureaus. The Thai party initiates the divorce registration process first at the Bangkok registration bureau.
Registration Office 1: The Bangkok Registration Bureau
Registration Office 2: The Consular Section, Royal Thai Embassy, Washington, D.C., which will handle the registration and issue the divorce certificate (Khor Ror. 7).
Procedure:
- Thais who reside in Thailand initiate the divorce registration process at The Bangkok Registration Bureau
- Afterward, the divorce documents will be sent through the Ministry of Foreign Affairs to the Royal Thai Embassy in Washington, D.C.
- Once the Royal Thai Embassy in Washington, D.C. receives the divorce documents from the Ministry of Foreign Affairs, they will contact the party residing in the United States to proceed with the divorce registration in person at the Consular Section.
- On the day of registration, the Royal Thai Embassy will provide the divorce certificate (Khor Ror. 7) to the party residing in the United States and send another copy of the divorce certificate (Khor Ror. 7) through the Ministry of Foreign Affairs to the Thai registrar’s office for the party residing in Thailand.
Additional suggestions for uncontested divorce
For a smoother process it is recommended that both parties have a written agreement covering all important matters before initiating the divorce process. Additionally, verify that your country’s laws permit uncontested divorces, so you are aware of your rights and legal benefits.
- Contested Divorce
In some cases, a court order may be necessary to obtain a divorce because both parties can not agree with the divorce agreement. In such instances, you will need a lawyer to enter a claim for divorce before registering a contested divorce.
You must know the grounds for your divorce because you cannot use reasons like laziness, lack of help with housework, or unattractiveness for divorce. The grounds for divorce are stated in section 1516 of the Thai Civil and Commercial Code. You can use more than one grounds for filing the plaint to the court.
How Long does it take to get a contested divorce in Thailand ?
According to The Central Juvenile and Family Court, the department responsible for most contested divorces in Thailand, the duration for a contested divorce in Thailand could range from 45 days to several years, depending on the situation. If both divorced parties agree with the court order, everything could be resolved in approximately 2-3 months, but if one party does not agree with the court order, it can take up to two years.
What are the Costs Associated with a Contested Divorce in Thailand?
The cost of a contested divorce in Thailand is primarily court fees, as lawyers’ fees vary. All general legal proceedings, including undisputed cases with non-monetary claims, have a fee of only 200 baht. However, if there are issues with marital property claims, the court fee will increase based on the amount of marital property in dispute.
- The marital property value does not exceed 300,000 Thai Baht: the court fee is 2% of the claimed amount but not more than 1,000 Thai Baht.
- The marital property value exceeds 300,000 Thai Baht: the court fee is 2% of the claimed amount but not more than 200,000 baht.
For more information, please contact The Central Juvenile and Family Court near you.
Once the court issues a final judgment, which includes decisions on divorce, asset division, child custody, and any other relevant issues. Both divorced parties must bring the final court judgment ordering the divorce, along with a certification of accuracy to any of the district registration bureaus, the nearest district office, or an embassy/consulate (in case of divorce registration at different registration bureaus) This process will follow the same procedures as in the uncontested divorce process, you can choose to get a divorce at the same registration bureaus or different registration bureaus depend on your situation.
Required Documents for Contested Divorce in Thailand
- Marriage Certificate (Khor Ror. 3)
- Passports / Thai ID cards
- House Registration Certificate (For Thais)
- Birth Certificate Of Children (If both parties have children together)
- Court Order and Certification of Case Finalization with a certification of accuracy
- Two Witness who are older than 20 years old requested
Steps for Registering a Contested Divorce in Thailand at the same Registration Bureau
- The district officer will review the application, verify the applicant’s identification documents, and check the certified copy of the court judgment and its certification.
- The district officer will record the details of the divorce in the divorce registration certificate (Khor Ror. 6) and the divorce certificate (Khor Ror. 7) including information about the court, case number, date of the judgment, and the key points of the judgment.
- The district officer will send all to the chief of the registration office to consider and sign for the divorce certificate (Khor Ror 7) and notify both divorced parties to keep it.
For Example : Filing a Divorce Claim Between a Thai and a Foreigner When One Party is in Another Country
You can still enter a claim for divorce even if one divorce party is a foreigner residing in another country, the process is the same as divorce registration at a different registration bureau. After you have a lawyer and make a claim for divorce, the summons and complaint can be sent to the other divorced party’s address abroad through a special court process. Additionally, the documents must be translated into the other party’s native language.
This process involves additional costs of approximately 5,000 baht for translation and document delivery and may take 1-2 months longer than the usual process.
What are the Alternatives to getting a Divorce in Thailand
Divorce is a significant decision that can have lasting impacts on both individuals and whole family. Before taking this final step, it is worth considering other options that may help address the issues within the marriage and potentially lead to reconciliation. Here are some alternatives to divorce that could provide the necessary time and space to work through marital difficulties:
Trial Separation: Consider a trial separation to allow both parties some time and space to reflect on the relationship without making a final decision about divorce. This can be a step towards reconciliation or a more permanent arrangement without the finality of divorce.
Marriage Counselling: Engage in marriage counselling or couples therapy to explore and try to resolve emotional and relational issues within the marriage. Therapy can often help both partners understand each other’s perspectives, find common ground and provide strategies for better communication.
Mediation: Utilize mediation services with a reputable law firm of legal advisor to resolve conflicts and reach agreements on contentious issues. Mediation can be less adversarial and more collaborative than divorce proceedings.
Coping with the Emotional Impact of a Divorce
Divorce is not just a matter of paperwork; it doesn’t end with a divorce certificate in your hand. The emotional turmoil that follows can be intense and overwhelming, far surpassing daily stress. If not managed properly, it can affect your overall well-being and your relationships, especially with your children.
You might experience profound sadness, weight loss, or notice changes in your children’s behaviour towards you. If these emotions are not addressed timely, they can lead to prolonged unhappiness and strained family connections. Therefore, acknowledging these feelings and seeking help is crucial.
Grieving the end of your marriage is a natural part of the process. Allow yourself to mourn the loss of the relationship and the future you envisioned. Lean on your support network of friends and family, who can provide comfort and perspective. Consider seeking professional help from a therapist or counselor, who can offer a safe space to express your feelings and develop coping strategies. Therapy can be particularly beneficial in understanding the underlying issues and patterns that may have contributed to the divorce.
Engaging in self-care is essential. Maintain a healthy lifestyle by eating well, exercising, and getting adequate sleep. Pursue activities that bring you joy and relaxation, such as hobbies or spending time in nature, to help alleviate stress and improve your mood.
Lastly, focus on personal growth and rebuilding your life. Set new goals, pursue interests you’ve put on hold, and create a vision for your future. Moving on to the next stage of life confidently and finding happiness again can start with small steps, such as seeking advice from professionals or counseling services. While the journey through divorce is undoubtedly tough, it can also be a time of self-discovery and new beginnings.
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References
Divorce, The Bureau of Registration Administration : https://bit.ly/4cRP2pE
Thailand Civil and Commercial Code (part III), https://bit.ly/3WxRSKt
Divorce Registration at Different Registrar Offices, Royal Thai Embassy Washington D.C. : https://bit.ly/3Yl6wGB
Divorce process, The Bureau of Registration Administration : https://bit.ly/3WB8lg7
Can a couple who married outside Thailand get a divorce in Thailand, Siam Legal : https://bit.ly/4cP3puP
Divorce in Thailand: Laws, Procedures & Legal Guidance, The Thailand Arbitration Center (THAC) : https://bit.ly/4cR9HtX