Getting Divorced In Thailand
What To Expect
This is the real world, and, sadly, not all of us are blessed with happy endings. Sometimes even the marriages you thought would last forever end in divorce. What do you do when your marriage to a Thai woman cannot be saved?
Divorce in Thailand
In Thailand divorce can be coursed through three options, depending on whether the divorce is uncontested (both parties agreed to the divorce) or contested (one party is opposed to the divorce) and if there are custodial or property issues that have yet to be addressed.
Divorce by Mutual Consent
In a divorce filed by mutual consent the husband and the wife want the dissolution of the marriage. To end their marriage the couple only need to register their divorce at the District Office where they registered for their marriage or the Register Office of the province where they or the Thai woman lives.
What if the husband is a foreigner? As long as the marriage was registered in Thailand the same steps apply. The woman will have to bring documents such as the marriage certificate, her national ID and house registration certificate, while the foreign husband will have to being his passport.
For the sake of expediency, a divorce certificate is usually issued on the same day, but this is only if both parties have already agreed how to divide their conjugal assets and properties and how to go about child custody, if they have any children.
Divorce by Court-Approved Settlement
This is usually the avenue taken when a couple mutually consents to divorce but have yet to settle issues like the division of marital assets, child custody, visitation right, and spousal and child support. In this case it will be the court that determines who gets what and both parties are bound to obey the decision of the court in this regard.
Divorce by Thai Family Court
A Contested Divorce, or a divorce where one party is not willing to end the marriage, is settled in Thai Family Court. A trial will take place where the party seeking divorce has to present evidence to convince the court why the divorce is necessary. The final decision will be made by the court.
For Marriages Outside Thailand
What the foreigner married his Thai wife outside Thailand? The first thing the foreigner has to check is if the marriage was reported at the District Office where his soon-to-be ex-wife lives. If it’s also reported there and both parties agreed to dissolve the marriage then the normal process of divorce by mutual settlement is followed.
If the marriage took place outside Thailand and was not reported in the District Office where the wife lived, it has to be reported there first. The District Office will also need a copy of the marriage certificate issued in the country where the couple got married translated into Thai.
This translated Thai marriage certificate needs to be legalized first at the Ministry of Foreign Affairs to be certified that it is accurate and correctly translated. After that has been accomplished the marriage certificate is returned to the District Office where divorce proceedings can now be registered.
Our team in Thailand
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