Marriages do go sour. In fact, Thailand's divorce rate is high, at 39%.
Compare that to the UK and Australia, both of which sit at 33%.
Thailand isn't as bad as the US, though, where the rate is a whopping 45% (1).
Now you know why divorce lawyers make so much money!
But, despite the odds, the eternal romantic in us spurs us on to take a chance.
In fact, I've heard from many an expat, who, having gone through an unpleasant divorce (with a Thai), decide to do it all again with another prospect just a year or two later.
But how does divorce in Thailand work?
Is it difficult to rip up the papers and move on?
What are considered grounds for divorce?
And can you contest a divorce if you want in and she wants out?
Let's get into the details.
Uncontested Divorce
An uncontested divorce is divorce by mutual agreement. You both want out and are ready to move on with your lives.
In this case it's easy, and takes just one day.
You can divorce at the district office where you married (the easiest option), or a different district office.
Please note that only couples who registered their marriage in Thailand can apply for this type of divorce.
If attending the same district office, you will need the following:
- The two original marriage certificates
- Original ID card (Thai national)
- Thai spouse's Tabien baan (household registration booklet or blue book)
- Original passport (foreign national)
The foreign national must have his or her passport certified at his or her Embassy in Thailand. Once issued, the certificate then needs to be translated to Thai before it can be legalized by the Ministry of Foreign Affairs.
If attending a different district office to the one in which you married, you will need the following:
- The two original marriage certificates
- Original ID card (Thai national)
- Thai party’s Tabien baan (household registration booklet or blue book)
- Original passport (foreign national)
- Legalized translation of the foreigner’s passport
If you have children and property and can't agree on custody terms or sharing of assets then you will need to involve lawyers. The lawyers will help you reach a compromise and avoid going to court.
If, however, you cannot reach a compromise, you will need to proceed through the court.
It's worth noting that not all countries recognize the same divorce procedures and may not accept a decree from another country. It is therefore always worth seeking legal advice to make sure you won't have any issues going forward.
Contested Divorce
If you want a divorce but your spouse doesn't, then you need to go to court and file a contested case.
You can only do this if you have grounds for divorce, though, which we'll get into in a moment. The court will decide whether a divorce proceeding can take place.
On average it takes approximately six months for the court to finish hearing a contested divorce case.
Please note that couples who did not register their marriage in Thailand may ask the Thai courts to assume jurisdiction over their divorce on the basis of important considerations such as:
- One spouse is a Thai national
- One or both spouses have resided or worked in Thailand for a considerable period of time.
Court Fees
If you go through the courts, you have to pay fees, thus the reason most prefer the uncontested route.
If the petition for divorce is accompanied by claims on marital property the court fees are calculated at 2% of the total amount of the claim.
You will also have to pay a Court Delivery fee to cover the cost of the delivery of the summons to your spouse.
Grounds for Divorce in Thailand
There are numerous grounds for divorce in Thailand. In fact, if you need a reason for a divorce you can be pretty sure to invent one from the following:
- One spouse has given maintenance to or honored another person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;
- One spouse has committed adultery or given maintenance/honored another person as their husband or wife.
- One spouse has committed misconduct – this can be a criminal or non-criminal offense – so that it causes:
- Serious shame
- To be insulted or hated
- To sustain excessive injury or trouble.
- One spouse has caused serious harm or sufferance to the mind or body of the other, or has seriously insulted the other or his or her family.
- One spouse has deserted the other for more than one year.
- One spouse has been imprisoned for more than one year for an offense committed without any participation or knowledge of the other, and further cohabitation will cause the other to sustain excessive injury or trouble.
- The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years. Or live separately for more than three years by order of the Court.
- One spouse has disappeared or left his or her domicile or residence for more than three years and it is uncertain as to whether he or she is dead or alive.
- One spouse has failed to give proper maintenance and support to the other or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position, and cohabitation as husband and wife are taken into consideration.
- One spouse has been deemed medically insane for more than three years continuously and such insanity is incurable.
- One spouse is suffering from an incurable communicable and dangerous disease that may cause injury to the other.
- One spouse has broken a bond of good behavior.
- One spouse has a physical disadvantage that deems him or her unable to permanently cohabit as husband and wife.
Child Custody
Child custody in Thailand is obtained by one of two procedures, as follows:
- By the mutual consent of the parties
- By the decision of the court
This basically follows the same line as the uncontested and contested divorce procedures: if you can't decide between yourselves then a judge will have to decide in a court of law.
If you agree on custody and visitation rights between you, in order for the agreement to be valid it has to be signed by two witnesses and registered with the district office at the time of registering the divorce.
It is also worth noting that if custody rights are granted in court, the judge can also take away the custody rights later down the line if a parent is deemed incompetent, commits misconduct, or has abused his or her parental power.
Divorce Decree Translation & Submission
Once obtained, the foreign party should have the decree translated to English. This translation then needs to be legalized at the Ministry of Foreign Affairs of Thailand.
Once complete, check whether you need to report your divorce or file a copy with your Embassy. You may also need to do the same in your home country.