How to Get Divorce in Thailand

Before figuring out How to get Divorce in Thailand, let's take a closer look at what you should expect. Divorce in Thailand is easy, as long as the parties are in agreement on the grounds of misbehavior. This can include physical or mental abuse. If you cannot cohabitate with your partner, you can file for a divorce, which is likely to result in imprisonment, death, or both.

Uncontested divorce

An uncontested divorce in Thailand is one of the easiest and most affordable ways to end your marriage. The divorce registration forms are simple to fill out and ask questions about the future of the couple, children and financial circumstances. Two witnesses must witness the divorce in order for it to be valid. Unlike contested divorces in the United States, Thailand divorce laws are more relaxed. If either spouse filed for a divorce, they must provide a reason for the action.

Administrative divorce

Before getting an administrative divorce in Thailand, the couple must first come to terms on the issues of property, child custody, and support. Thai law recognizes two types of property, Separate Property and Community Property. Separate Property is property a spouse owned before the marriage, while Community Property is shared between the two of them. In either case, the court will decide who owns what. Fortunately, there are many options available for couples seeking an administrative divorce in Thailand.

Prenuptial agreement

A prenuptial agreement is an important way to ensure that your assets are equally divided during a divorce. These agreements are usually drafted by foreigners, so both you and your future spouse should have separate legal representation. A prenup is not a good idea to propose a week before marriage. You should start mentioning the idea of a prenup long before you get married. This will allow you to discuss the details with your future spouse.

Documents required

If you're a foreigner who's married in Thailand, you might be wondering about the documents required for a Thai divorce. The good news is that the Thai divorce process isn't nearly as complicated as it may seem. You can file for a divorce in Thailand at the same office that you registered your marriage. In addition, divorces in Thailand don't require direct Thai lawyer representation. All the necessary documents for divorce in Thailand can be pre-drawn or prepared beforehand. In either case, you must be present at the divorce ceremony.

Waiting period

The Civil and Commercial Code of Thailand has specific provisions regarding the wait period for a divorce. Under this section, if a woman has a child with her previous husband, that child must be paid from the man's estate. A woman can waive the waiting period if she proves that she is not pregnant. Otherwise, the court will grant a divorce without a waiting period if the woman is pregnant and cannot support the child.

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