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About uncontested divorce in Thailand

An uncontested divorce in Thailand is similar to what other countries call an administrative or consensual divorce. In this type of divorce, the parties mutually agree to sever their union without the need to use the court system to end the bonds of marriage. Spouses do not need any grounds for divorce to avail themselves of this remedy.

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About Uncontested Divorce.

In Thailand, further ratification in court is not required to confirm an uncontested divorce. Once the district or consular officer issues the divorce certificate, no other steps are required to confirm the divorce.

The Essential Requirement

One essential requirement before married parties can benefit from an uncontested divorce in the Kingdom is marriage registration in Thailand. The registration requirement is absolute.

The marriage must have been registered at any Amphur or khet (district office) in Thailand or at any Royal Thai Embassy or Royal Thai Consulate worldwide. Registering the marriage in Thailand means that the parties submit to the jurisdiction of Thailand concerning their marriage and all legal consequences arising from that place.

Marriage registration with the Thai authorities is available to all nationalities. The marriage does not have to be only between Thais or between a Thai and a foreigner. Any person whose national law allows him to marry in Thailand or any other jurisdiction can register his marriage in the country.

Documentary requirements

Generally speaking, a couple who decides to divorce must return to the same Amphur, embassy, or consulate where their marriage is registered. However, the new rules now allow couples to visit other Amphur, embassies, or consulates to facilitate an uncontested divorce. Nevertheless, additional documents are required before the divorce. The documents must be submitted as follows:

When returning to the same Amphur, embassy, or consulate:

  1. Two (2) original marriage certificates;
  2. Original Thai national ID card (if Thai);
  3. Tabien Baan Thai (household registration booklet or blue book);
  4. Original passport (if foreigner).

If divorce at Amphur, embassy, or consulate is different from the place of registration of marriage:

  1. Two (2) original marriage certificates;
  2. Original Thai national ID card (if Thai);
  3. Tabien Baan of Thai side (household registration booklet or blue book);
  4. A legalized translation of foreign passport copy. *

*It takes about a week to legalize a copy of the foreigner's passport in Bangkok. This is because the following must be fulfilled:

  • The foreigner's appearance in front of his embassy in Bangkok. During his appearance, he presents his original passport. The embassy then issues a certificate of the foreigner's appearance at the diplomatic office and the authenticity of the passport presented. (Half day or one working day);
  • Translation into Thai of the Certificate issued by the Embassy (Half day or one working day);
  • Legalization of the Thai translation at the Ministry of Foreign Affairs (three working days); In some cases, the Ministry allows hasty legalization, but a higher fee is charged, and the applicant is interviewed by a police officer about his purpose for hasty legalization. (One working day).

How do I know if my marriage is registered in Thailand?

A couple who goes directly to any Amphur, embassy, or consulate to register their marriage need not do anything further. The solemnization of the marriage in any of these places already means registering the marriage by Thai law. The issuance of their Thai marriage certificate is proof of such registration.

However, if the couple prefers to hold religious or traditional wedding ceremonies first in Thailand or abroad, it is still necessary to register the marriage with the Thai authorities. This is because, under Thai law, a wedding ceremony is considered independent of marriage registration. It is not a ceremony that signifies the legal beginning of the union but marriage registration. Thus, after the ceremonies are completed, the couple must register the union at the Amphur embassy or consulate. In some cases, the registrar is asked to participate in traditional or religious wedding ceremonies to formalize the marriage registration. This is also true. Make sure you get a Thai marriage certificate to confirm the registration.

The necessity for a divorce agreement

A mutual decision to dissolve the marriage is the initial reason couples go through an uncontested divorce. However, there are times when a divorce decree alone is not enough. Issues related to the division of child custody and marital property are usually.

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Update: 15-02-2023
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