Q: What is the difference between an Uncontested and Contested Divorce in Thailand?

A: If both spouses agree to the divorce, the divorce is referred to as an uncontested divorce or a consensual divorce.

If you married in Thailand and registered your marriage at a local district office in Thailand (Khet or Amphur) you may register an administrative Thailand divorce. Performing an administrative divorce at the local district office requires that you and your spouse do not have disagreements over child custody or assets. Therefore, in marriage where there are children or assets involved, a written agreement is normally advised. At the district office, couples must fill out Thailand divorce forms detailing the terms of divorce and other matters for their Attorney. The divorce must be certified by two witnesses. A translator is also required if either or both parties do not understand Thai language. All forms and documents are completed in Thai language.

If the spouses cannot agree to the terms of the divorce, the divorce is referred to as a contested divorce. Contested divorces are handled in the Thai Courts. In order to proceed with a divorce in this instance one party, known as the plaintiff, will need to assert grounds for divorce if the contested divorce cannot be settled by agreement prior to the court’s taking evidence, then the plaintiff must appear in court to testify to establish the grounds for divorce.

Q: In the case of a contested divorce, what are grounds for divorce in Thailand?

A:* A 3 year period of separation

*One spouse has deserted the other for over one year

* The husband has taken another woman as his wife

* The wife has committed adultery

*One spouse is guilty of misconduct (criminal or otherwise)

*One spouse has been imprisoned for more than one year

*One spouse has physically or mentally harmed the other

* Lack of marital support

*One spouse has had incurable insanity for at least 3 years

*One spouse has broken the bond of good behavior

*One spouse has an incurable communicable disease

*One spouse has a physical disability so as to be unable to cohabitate as husband and wife.

Foreign Nationals and Thailand Divorce Law

In general, foreign nationals may obtain divorce in Thailand so long as they can establish minimum residency requirements in Thailand. If the couple married in Thailand, the Thai court, absent other considerations, will normally accept jurisdiction of the divorce case in Thailand. However, cases need to be examined on an individual basis.

If the divorcing couple did not marry in Thailand, and in most circumstances, they do not qualify for an administrative uncontested divorce at the District Office (Khet or Amphoe). However, provided they meet other requirements, a divorce may be applied for through the Thai courts, and grounds for divorce must be stated in the complaint (see the grounds above). However, cases need to be examined on an individual basis.

Q: What are the Steps for Foreigners to Marry in Thailand?

A: Foreigners who wish to marry in Thailand must complete the following steps:

1) Foreigners (non-Thai nationals) must obtain an affidavit of freedom to marry which states their names and personal details such as citizenship, divorce or marital status and legal ability to marry pursuant to their national law. This is obtained from the Embassy or the foreign national’s country. Different embassies have different procedures for providing this affidavit of freedom to marry – make certain to check with the embassy for your home country in Bangkok to receive particulars.

2) This affidavit will have to be translated into Thai and legalized pursuant to Thai law.

3) When all the documents are in place, the administrative marriage can then be performed at the Thai district offices known as ‘Amphur’ or ‘Khet’.

Q: How long does an administrative marriage in Thailand take?

A: Once the affidavits are obtained from the embassy, having those documents translated and legalized, and having the marriage performed at a local Amphur, the process can be completed but normally requires 3-4 working days. Different or stricter requirements for certain nations’ embassies may make the process take a longer time.

Q: Is it legal to marry in Thailand as a Foreigner?

A: Yes. In Thailand, it is legal for foreigners to marry either Thai citizens or other foreign nationals provided that requirements are met. A marriage in Thailand is a legal marriage under Thai law and is normally recognized throughout the world.

Is it possible to celebrate a religious or formal wedding ceremony in Thailand?

Formal or religious ceremonies can also be held in Thailand. However, they are not recognized by the Thai government as legal marriages.

Q: Can Foreigners Handle the Paperwork Themselves?

A: Foreign nationals may choose to handle paperwork themselves, or may hire a legal office or attorney to assist. Many persons choose to hire a law firm to assist to make the process easier and faster. If a prenuptial agreement is involved, the agreement should be prepared by a qualified attorney. The attorney responsible for the prenuptial agreement should also register the marriage, as there are special procedures involved.

Q: Is a Thai marriage recognized internationally?

A: Yes. A Thai marriage is accepted by the vast majority of civilized nations in the world under the principle of reciprocity. However, foreigners may choose to either register their Thai marriage with their home country of have their Thai marriage documents certified by their Embassy in Thailand to provide additional evidence of the marriage.