19/11/2024
Navigating Divorce in Thailand: Administrative vs. Judicial Options
We together with our sister firm have been representing the legal interests of expats, Thai, and overseas nationals since 2007.
Understanding Your Divorce Path in Thailand.
Please find some information we think may provide you with an insight into divorcing in Thailand, the options available and the grounds and types of evidence required for Judicial contested proceedings.
Our experienced team is on hand to assist with your legal needs and to provide clear advice based on your personal circumstances.
Ending a marriage is a complex and emotional journey, and navigating the legal landscape can add further stress. In Thailand, couples have two main divorce options: administrative (uncontested) and judicial (contested) divorces.
This guide aims to empower you with clear information and provide a compassionate and professional overview of both processes.
Administrative Divorces: A Streamlined Approach for Mutual Agreements
Ideal for: Couples who mutually agree to end their marriage with no disputes regarding child custody, property division, or alimony.
Benefits: Faster, simpler, and less expensive than judicial divorces. No specific grounds for divorce required.
Process: We will professionally draft your divorce agreement in Thai and English for registration at the local district office with both spouses present.
Important Note: Consulting a lawyer specialising in Thai family law is crucial to ensure you fully understand the process and potential implications.
Key Points:
Both spouses must be present in person at the district office (amphur) to register the divorce agreement professionally drafted by us.
The agreement must be in Thai and signed by both parties. Our tailored Divorce agreements are written in both Thai and English for clarity.
Bring two witnesses who can understand Thai where possible or contact the Amphur to arrange for a small admin fee.
Contact the amphur beforehand to confirm their specific requirements, as they may vary. Some may require:
Translated passports for foreign spouses, potentially the document may also have to be legalized.
An interpreter if you don't speak Thai fluently. Optional but to safeguard your position and to ensure the correct registration we suggest one is arranged and present.
Key Legal Reference: Section 1444 of the Thai Civil and Commercial Code
Judicial Divorces: Resolving Disagreements Through the Court System
Necessary When: Couples disagree on any aspect of the divorce, including child custody, property division, or alimony.
Process: More complex and involves filing a petition, presenting evidence, attending hearings, and potentially facing a judge's decision.
Time and Cost: Longer and more expensive than administrative divorces.
2% Court fee based on the amount of financial assets to be recovered or applied for subject to a maximum of THB 200,000 fees.
Subpoena and Court Lodging fees of around THB 2500.
Grounds for Judicial Divorce:
These are outlined in sections 1516 onwards of the Civil and Commercial Code of Thailand. Remember, you'll need one of these grounds and supporting evidence to proceed.
Grounds for Divorce in Thailand:
1. Adultery:
Husband takes another wife or wife commits adultery (Section 1516 (1) CCCT)
Evidence: Witness testimonies, phone records, photos, video, proof of financial support to another person, etc.
2. Misconduct:
Spouse commits criminal or other serious misconduct (Section 1516 (2) CCCT)
Evidence: Police reports, court documents, witness testimonies, evidence of specific misconduct.
3. Physical or Mental Harm:
Spouse causes serious physical or emotional harm, or seriously insults the other spouse or their family (Section 1516 (3) CCCT)
Evidence: Medical records, police reports, witness testimonies, proof of insults or threats.
4. Desertion:
One spouse deserts the other for more than one year (Section 1615 (4) CCCT)
Evidence: Witness testimonies, proof of separate residences, communication records showing lack of contact.
5. Imprisonment:
Spouse sentenced to more than one year for a crime that significantly harms the other spouse (Section 1516 (4/1) CCCT)
Evidence: Court judgment, proof of lack of knowledge or consent by the other spouse.
6. Voluntary Separation:
Husband and wife live separately for more than 3 years (Section 1516 (4/2) CCCT)
Evidence: Proof of separate residences, financial independence, lack of communication or contact.
7. Disappearance:
Spouse is declared missing or leaves home for more than 3 years with unknown whereabouts (Section 1516 (5) CCCT)
Evidence: Court declaration of disappearance, witness testimonies, proof of attempts to locate the missing spouse.
8. Lack of Marital Support:
Spouse fails to provide financial or emotional support (Section 1516 (6) CCCT)
Evidence: Financial records, proof of non-contribution to household expenses, communication records showing refusal to support.
9. Insanity:
Spouse suffers from incurable insanity for more than 3 years (Section 1516 (7) CCCT)
**Medical records, psychiatric evaluations, court-ordered assessments.
10. Breach of Good Behavior:
Spouse engages in behavior that seriously violates marital vows or societal norms (Section 1516 (8) CCCT)
Evidence: Varies depending on the specific behavior, may include witness testimonies, financial records, proof of gambling addiction, etc.
11. Communicable Disease:
Spouse suffers from an incurable and dangerous communicable disease (Section 1516 (9) CCCT)
**Medical records, doctor's reports, proof of potential harm to the other spouse.
12. Physical Disability:
Spouse has a permanent physical disability preventing cohabitation (Section 1516 (10) CCCT)
**Medical records, doctor's reports, proof of the disability and its impact on cohabitation.
Key Legal Reference: Sections 1516-1535 of the Thai Civil and Commercial Code
Dividing Assets in Judicial Divorces:
Governed by: Section 1475 of the Thai Civil and Commercial Code.
Aim: Courts strive for an equitable division based on factors like income, contributions, and needs.
Prenuptial Agreements: Can influence the division.
General Principle: Marital assets are typically split equally (50/50).
Separate Property: Personal property generally, remains with the respective owner.
Seeking Legal Guidance is Essential:
Regardless of the chosen path, consulting a reputable lawyer specialising in Thai family law is paramount. We at Anglo Siam Legal can provide invaluable guidance, ensure your rights are protected, and navigate the legal complexities with expertise and sensitivity.
Remember, this information is intended for your general understanding and should not be considered a substitute for professional legal advice. Each case is unique, and legal counsel tailored to your specific circumstances is crucial.
We offer consultations with our experienced English and Thai speaking lawyers where your circumstances can be discussed and tailored advice specific to your situation provided.
Consultations can be booked via our website www.anglosiamlegal.com or by calling our office on (+66) (0)610184790
