Filing for divorce in Thailand involves a legal process that can vary in complexity depending on the nature of the divorce, whether contested or uncontested, and the circumstances surrounding the separation. Divorce law in Thailand is primarily governed by the Civil and Commercial Code (CCC), which outlines the procedures, rights, and obligations for both parties in a divorce case. Whether for Thai nationals, foreigners, or a combination of both, the process ensures that legal matters like property division, child custody, and spousal support are addressed before the divorce is finalized.

Legal Grounds for Divorce in Thailand

In Thailand, there are two main grounds for divorce: by mutual consent (uncontested divorce) and for cause (contested divorce).

1. Divorce by Mutual Consent

A divorce by mutual consent is the most straightforward way to end a marriage in Thailand. In this scenario, both spouses agree to the divorce and work out the terms of the divorce, including the division of assets, alimony, child custody, and visitation rights (if applicable). The process is generally quicker and less complicated, as there are fewer legal battles to settle.

For a divorce by mutual consent, both parties must sign a written agreement outlining the terms of the divorce. This agreement is presented at the local district office (Amphoe), where the marriage was registered. The parties must then jointly apply for divorce, and if the documents are in order, the marriage will be dissolved. This type of divorce is often referred to as an administrative divorce, as it does not require court involvement unless issues such as child custody or property division are contested.

2. Divorce for Cause

A divorce for cause occurs when one party seeks to end the marriage due to reasons such as adultery, abuse, abandonment, or other grounds outlined in the Civil and Commercial Code. This type of divorce is contested and requires the intervention of a court. The petitioner (the spouse seeking divorce) must provide evidence to support the grounds for divorce, and the court will review the case to determine if a divorce should be granted.

Under the Thai law, the following are recognized grounds for a contested divorce:

• Adultery: If one spouse commits adultery, the other spouse can file for divorce. Proof of infidelity is necessary to substantiate the claim.
• Abandonment: If one spouse abandons the other for more than one year without any reasonable explanation, the abandoned spouse can file for divorce.
• Cruelty or Abuse: If a spouse has subjected the other to physical or mental abuse, the abused spouse may file for divorce.
• Imprisonment: If a spouse has been sentenced to a prison term of three years or more, the other spouse can file for divorce.
• Failure to Maintain the Family: If one spouse fails to provide for the family financially or fails to fulfill their role as a responsible spouse, divorce may be filed.
• Substance Abuse: Chronic substance abuse that negatively affects the marriage is also grounds for divorce.

In contested divorces, the court will examine the evidence and listen to both sides before making a decision. If the court finds sufficient grounds for divorce, it will issue a divorce decree.

The Divorce Filing Process

1. Divorce by Mutual Consent

For an uncontested divorce by mutual consent, the filing process is simple and can be completed without the need for a trial. Here are the steps involved:

1. Prepare Documents: The first step is for both parties to gather the required documents, including the marriage certificate (original and a copy), identification cards, household registration documents, and any relevant documents related to children or property (if applicable). If the couple has children, an agreement about child custody and child support should be drafted as part of the divorce agreement.
2. Draft a Divorce Agreement: Both spouses must agree on the terms of the divorce. This includes property division, spousal support (if applicable), and child custody or visitation arrangements. This agreement must be written in Thai, and both parties must sign it in front of witnesses.
3. Submit the Application at the District Office (Amphoe): Once the divorce agreement is in place, both parties must visit the district office where the marriage was registered. They will need to submit their divorce application along with the signed divorce agreement, identification documents, and any other relevant paperwork. If there are children involved, the district office will also require documents detailing child custody arrangements.
4. Pay Fees: A small administrative fee is typically charged to process the divorce. The fee may vary depending on the district office but is generally inexpensive (usually around 20-30 Thai Baht).
5. Completion: Once all the documents are reviewed and the divorce application is approved, the marriage will be officially dissolved, and the parties will receive a divorce certificate.

2. Divorce for Cause (Contested Divorce)

The process for filing for divorce for cause involves more complexity, as it requires going through the court system. The steps are as follows:

1. Prepare Documents: The petitioner (spouse filing for divorce) must prepare the necessary documents, including the marriage certificate, identification, evidence of the grounds for divorce (such as proof of adultery, abuse, or abandonment), and any documents related to children or property.
2. File a Petition: The petitioner must file a petition for divorce at the Family Court in the jurisdiction where the couple resides. The petition will outline the grounds for divorce, and the petitioner must present evidence to support their claims. The respondent (the other spouse) will be notified of the divorce petition and will be given an opportunity to respond.
3. Court Proceedings: After filing, the court will schedule hearings to review the evidence, hear testimonies, and make decisions regarding the divorce. If there are disputes regarding property division, child custody, or alimony, the court will decide based on Thai family law. The court may also issue temporary orders for child custody or financial support during the proceedings.
4. Judgment: After considering the evidence, the judge will issue a judgment. If the divorce is granted, the court will issue a divorce decree. If the divorce is contested, it may take longer to resolve, and the process may involve multiple hearings.
5. Appeal: If either party is dissatisfied with the court's decision, they have the right to appeal. The appeal process involves submitting a request for an appellate court to review the case and potentially overturn or modify the lower court's decision.

Division of Assets and Alimony

In both contested and uncontested divorces, the division of assets is a key issue. Thailand follows the community property system, meaning that any property acquired during the marriage is considered joint property and must be divided equally, unless otherwise stipulated in a prenuptial agreement. This includes real estate, financial assets, and other property accumulated during the marriage.

Alimony may also be awarded in cases of divorce. The court will consider factors such as the financial capacity of the parties, the duration of the marriage, and any agreements made between the spouses.

Child Custody and Support

In cases involving children, the court will determine custody arrangements based on the best interests of the child. The parent who is granted custody will have the right to make decisions regarding the child's upbringing and well-being, while the other parent will typically be granted visitation rights. Child support is another important consideration, and the non-custodial parent is usually required to provide financial support for the child's needs.

Conclusion

Filing for divorce in Thailand can be a relatively simple or complicated process, depending on whether the divorce is contested or uncontested. In uncontested divorces, both parties can agree on the terms and file at the district office, while contested divorces require court involvement to settle disputes. Regardless of the process, divorce in Thailand involves considerations of asset division, alimony, child custody, and child support. It is important to understand the legal framework and seek legal assistance to navigate the divorce process, especially in contested cases where legal advice and representation may be necessary.