Divorce in Thailand

If you married in Thailand and both parties agree to the divorce, it's as simple as going to the registrar's office where your marriage is registered and filing the divorce. You just go with your wife to any Amphur, show them your wedding papers, your passport, her ID card, and tell them that you want to divorce. They will ask you some questions, like have you children together and what have you decided for their future?... are there financial problems pending?..,They will fill a form. You both sign it then wait a few minutes, the time needed to fill the divorce certificate... the wedding certificate was in "portrait form '' the divorce certificate is "landscape form".You will have to pay 50 baht & your wife must change her name to yours BEFORE the divorce can be granted...and she can reverse to her old family name, the minute after the divorce is granted.

IF LIVING OVERSEAS WHAT TO DO:

If you are married and your spouse does not agree to a divorce in Thailand then you will need to obtain a judgement from the Court. You need to use a lawyer for these steps. You cannot remarry until this has been annulled and you must be present in the Court in Thailand yourself. However the lawyer will act as power of attorney on your behalf to do the preliminaries but you must appear at the final hearing in person. You are not permitted to have a power of attorney acting for you. Therefore "YOU MARRY IN THAILAND & Register in the local Marriage Office YOU MUST DIVORCE IN THAILAND".

We can assist you if living abroad. We will act as power of attorney and file to the Court on your behalf. You need to send us a copy of your passport, marriage certificate, Thai partner's ID copy and as much information regarding your marriage, children, address of your last homes and circumstances surrounding the breakup including dates and circumstances  when the separation took place. This is important. Once we have a Court date you must appear before the Court for this final stage but we will still be acting for you. Costs: approx standard fee is  30,000 baht excluding travel expenses but depending on the complexity of the divorce costs can by higher.

SECTIONS OF THE ACT:

Section 1514 Divorce by mutual consent must be made in writing and certified by the signatures of at least 2 witnesses.

Section 1515 Where marriage has been registered as provided by this code, divorce by mutual consent is valid only if the registration thereof is effected by both the husband and wife.

THAI DIVORCE LAW:

When a couple divorce in Thailand all marital property ( sin somros ) is divided equally. personal property ( sin suan tua ) remains owned by the individual. Thus marital property is anything  acquired  during marriage by way of gift, bought, or inherited. Personal property is anything acquired before the marriage like a house, tools, equipment & possessions. If both parties agree then the proceedings are straight forward.

Both parties are responsible for debts incurred from household affairs, education and medical bills. One can have a prenuptial agreement which is law & where property is subject to foreign laws. To be valid the prenuptial must be tendered at the marriage registration to be effective & signed by both parties & 2 witnesses. Most of these prenuptial agreements are between foreigners and Thais.

  If one partner is employed, property is split equally. If the wife stays home and looks after the children she has the right to half even though she is not receiving payment. The parents divorcing can agree on who pays for the children's education and day to day living expenses and maintenance. if they cannot agree the Court will rule. the Court may also decide on living allowances based on the ability of the grantor & the status of the receiver.