For couples with no disagreements on divorce terms, an administrative divorce registration can be filed at a district office (Khet or Amphur) where their marriage was originally registered. For this type of divorce, spouses must be present in person and must bring a translated copy of their passport and two witnesses.
In Thailand, a legal marriage consists of two parties registering their union with a local Amphur (a Thai district office that functions similar to a county office). The process typically involves completing sworn affidavits and having the documents verified, notarized and legally translated before filing. The Amphur will check for authenticity by examining the document’s signature, stamp or seal and comparing them to their records. The documents are then considered to be legally registered.
The requirements vary depending on the parties’ nationalities. For U.S. citizens, a letter of certification from their home country’s Embassy or Consulate is usually sufficient. In contrast, documents that are not in the Thai language will need to be formally translated and certified by the Ministry of Foreign Affairs before being considered legally recognized. Professional translation companies are able to acquire certification from the Ministry of Foreign Affairs on behalf of their clients.
The Amphur will also verify the identity of both spouses by examining the couple’s original passports and notarized affidavits. A certificate of marriage is then issued, indicating that the couple is now legally married. A properly registered marriage is important for both couples, as it allows foreigners to file for dependent visas and long-term residency permits, and ensures that inheritance claims will be processed smoothly. It also helps avoid potential disputes over property ownership issues, which are complicated by different inheritance laws between the United States and Thailand.
The process for filing divorce in Thailand can be lengthy and expensive, especially if a Thai lawyer is required to represent the couple. However, if the couple is in agreement on important terms such as division of property and debts, child custody and alimony or spousal support, they can file an administrative divorce at the local amphur. This will be faster, less expensive and save time and stress compared to a contested divorce.
Contested divorces require the spouses to attend several hearings and present evidence, which could take months to complete. This can be stressful, and both parties should consider hiring a lawyer to help navigate the process. A divorce settlement agreement is also possible and can be beneficial for both parties, especially if a marriage was not successful or one spouse has a serious illness that will not recover.
A marriage in Thailand is considered to be a civil and commercial union, so all properties acquired during the marriage are considered marital assets and will be divided equally. Personal property, on the other hand, remains with the individual after the divorce. Marital debts incurred must be distributed equitably as well. Any spouse who wishes to register an administrative divorce must personally appear at the amphur and bring the final court judgment ordering the divorce along with a certification of accuracy to the nearest district registration bureau or embassy/consulate (in case the divorce is registered in different districts). All foreigners must have their documents translated and legallyized for recognition in Thailand, unless they are dual citizens.
In Thailand, child custody Thailand matters are decided by the Family Court. The court will consider a variety of factors in making its decision, including each spouse’s financial situation, health, and ability to provide a stable environment for the children. The court may also take into account the wishes of the child, if they have expressed them to the court.
The court will decide which parent has sole or shared custody of the children depending on their judgment. The judge will also make a ruling on spousal support, if applicable. However, it is preferred that the couple can come to a mutual agreement about these issues without the need for a lengthy court battle.
When a couple divorces in Thailand all marital property (sin somros) is split equally while personal property (sin suan tua) remains owned by the individual. If there is a dispute about property the court will have to determine what is marital and what is personal property by examining the circumstances and the evidence provided.
The court usually lets the mother have Child Custody or Parental Power in case of Contested Divorce, because the children need the mother to breast-feed them and the mother has more dedication and subtlety than the father. Nevertheless, a father who has already registered a legitimation of his child in the district office can ask for custody rights.
In Thailand, assets acquired by the couple during marriage is considered as marital property (Sin Somros) while personal properties remain the property of their owners (Sin Suan Tua). The couple must divide their property equally. However, this is not always easy to accomplish. A recent divorce case between Michael and Araya was a case in point.
Araya wanted to keep the family home, arguing that she was the one who helped maintain and pay for it. However, the court ruled that the house was Michael’s property since he was the primary breadwinner of the family.
The court based its ruling on careful review of detailed documents including property deeds, financial statements and testimonies from both parties. This type of thorough investigation is standard for contested divorces in Thailand, and it ensures that the court’s decisions are fair.
A contested divorce in Thailand is required when spouses cannot agree on the terms of their separation. If both spouses are able to reach a mutual consent on divorce terms such as child custody, property division and alimony, then they may apply for an uncontested divorce at the local district office. The process for this type of divorce is much simpler and faster than a contested divorce, but it still involves getting the right documentation ready and meeting the proper requirements.