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Dissolution of Marriage in Thailand

There are two types of divorce in Thailand. These are contested divorces, which are usually very expensive, and uncontested divorces, which are much cheaper and usually called administrative divorces. Talk to a Thailand divorce lawyer before signing any agreements regarding your divorce in Thailand.

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Getting divorced in Thailand

Uncontested divorce

An uncontested divorce is an administrative form of divorce in Thailand. It is preferred because it is quick and easy. For this divorce, the parties do not need a reason to break up their marriage; their mutual consent to end the marital union is sufficient. The spouses must be physically present at the filing of the uncontested divorce. It is held at the local registry office, which is called the Amphur.

See more information about uncontested divorce in Thailand

Contested divorce

A contested divorce is a judicial divorce. One party has the right to go to court to end their marriage if any grounds are provided for under Thai law. It is usually used if there is a specific ground for divorce, but only one party wants the marriage to end, or if one party was absent and the absence was detrimental to the other. Another reason for such a divorce is disagreements over child custody and joint use of marital property that the parties cannot resolve on their own, and court intervention is necessary to end the marriage and related issues. A contested divorce is also a remedy for some couples who have not registered their marriage in Thailand but have lived or worked in Thailand for a reasonable period.

See more about contested divorce in Thailand

Thai divorce

This usually ends their marriage with an uncontested divorce. They prefer this option because it prevents further conflict between the husband and wife and their families. As much as possible, Thai couples will resolve joint child custody and marital property issues privately. Only in the rare cases where a compromise can no longer be reached will they consult a lawyer to help them draft a Thai divorce agreement, which they will register with Amphur when they divorce in Thailand.

Divorce of Thai national and foreigner

Thailand's rapid introduction to the world in terms of trade and tourism has resulted in many marriages between Thai nationals and foreigners. Unfortunately, differences between cultures and languages have exacerbated some relationships, and divorce in Thailand has become inevitable in these cases.

If the marriage registration takes place in Thailand, the Thai spouse will almost always offer an uncontested divorce since uncontested divorce is more common and preferred by Thais. Foreigners should be especially cautious before proceeding with an uncontested divorce. The reason is that not all countries recognize this form of divorce. Many countries now recognize uncontested divorce, but only under exceptional circumstances. This can create more problems, especially if the foreigner has plans to remarry.

Divorce of two foreigners

Foreigners who want a divorce in Thailand should seek the advice of a lawyer so they can be guided if and how they can proceed to divorce. Your divorce lawyer in Thailand should be able to tell you if your home country recognizes the divorce you get in Thailand. In some cases, couples go through the process only to find out in the end that their state cannot recognize their foreign divorce.

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Update: 15-02-2023
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