1. Administrative Divorce (Uncontested Divorce):
This method is applicable when both spouses agree on all aspects of the divorce, including division of assets, child custody (if applicable), and alimony. It is a relatively simple and straightforward process.
Requirements:
- Mutual consent from both spouses.
- Both spouses must be present at the district office (Amphur or Khet) for the divorce registration.
- No disagreements on any matters related to the divorce.
Documents Required:
- Marriage certificate (original).
- Identification card or passport for both spouses.
- House registration document for the Thai spouse (if applicable).
Procedure:
- Visit the district office together and fill out the divorce application form.
- Provide the required documents and pay the registration fee (around 200-300 baht).
- Both spouses sign the divorce agreement in the presence of two witnesses.
- The district officer will issue a divorce certificate, officially ending the marriage.
2. Judicial Divorce (Contested Divorce):
This method is pursued when one or both spouses cannot agree on the terms of the divorce, or one spouse does not want to divorce. It involves filing a petition in the Family Court and can be a more complex and time-consuming process.
Grounds for Divorce:
- Adultery
- Desertion for more than one year
- Imprisonment for more than one year
- Physical or mental abuse
- Incurable mental illness
- Separation for more than three years
Procedure:
- File a petition: The spouse seeking the divorce (plaintiff) files a petition in the Family Court, stating the grounds for divorce and providing supporting evidence.
- Court proceedings: The court will hold hearings, during which both spouses and their lawyers present their arguments. The court may also order mediation to try to resolve the issues amicably.
- Court decision: If the court finds the grounds for divorce valid, it will issue a judgment dissolving the marriage and may also rule on issues like division of assets, child custody, and alimony.
Important Considerations:
- Legal Representation: It is highly recommended to engage a lawyer experienced in Thai family law to guide you through the divorce process, especially in contested divorces.
- Foreigners: If one or both spouses are foreigners, additional documentation like translated and certified copies of passports and marriage certificates may be required.
- Property Division: Division of marital property follows the principle of separate property regime in Thailand. This means that each spouse keeps the property they owned before the marriage, and property acquired during the marriage is divided equally.
- Child Custody: The court's primary consideration in determining child custody is the best interests of the child.
Please note that this is a general overview of the divorce process in Thailand. The specific requirements and procedures may vary depending on the circumstances of each case. It is always advisable to consult with a lawyer for personalized advice.
