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Thailand Divorce

In cases where one or both married individuals have decided to file for a divorce in Thailand, we make sure that proceedings are as smooth as possible.

Divorce Law in Thailand

Divorces are rarely joyful matters. A lot of mixed emotions and doubts tend to come with it. When one or both parties have decided to take the step, we’re here to help.

In Thailand, it is possible to file for two types of divorce: a Contested Divorce or an Uncontested Divorce. The former tends to be very costly whilst the latter, also known as an Administrative Divorce, is cheaper and less complicated. It is highly recommended that you seek professional legal advice in Thailand before agreeing to sign any documentation with regard to divorce proceedings.

Information for Clients

Marriage in Thailand creates jointly owned marital property. Upon divorce, all property of husband and wife (jointly owned marital assets and debts) shall be divided equally between man and woman (section 1533). Seek legal assistance in your area to make sure your divorce run smoothly without losing your rightful assets.

There are 2 types of divorces:

  • Uncontested Divorce
    An uncontested divorce is the administrative form of divorce in Thailand. It is swift and straightforward. The spouses must be physically present when applying for an uncontested divorce. It is conducted at the district office.
  • Contested Divorce
    Contested divorce is judicial or court divorce. One party to the marriage is given recourse to go to the courts to end his/her marriage if any of the grounds provided under Thai law is attendant.
    A contested divorce is required if there are disagreements on child custody and marital property sharing which the parties cannot settle by themselves, and the court’s intervention is necessary to put an end to the marriage and the accompanying issues. Is also the remedy for some couples who have not registered their marriage in Thailand but have been residing or working in Thailand for a reasonable length of time?

Divorce – Thai & Thai
Thai’s usually end their marriage through an uncontested divorce. They favor this option because it averts further conflict between husband and wife, as well as their families. As much as they can, Thai couples will settle issues on the sharing of child custody and marital property privately. Only in rare cases when a compromise can no longer be reached so they consult with a lawyer to assist them in the drafting of a Thailand divorce agreement which they will register at the district office when they get their divorce in Thailand.

Divorce – Thai & Foreigner
The rapid exposure of Thailand to the world in terms of commerce and tourism has resulted in many marriages between Thai nationals and foreigners. Unfortunately, differences between cultures and language have strained some relationships and Thailand divorce has become inevitable in these cases.

Almost always, the Thai spouse will suggest an uncontested divorce if the marriage registration took place in Thailand, as the uncontested divorce is more known and favored by Thais. Foreigners must take extra care before proceeding to have an uncontested divorce. The reason is that not all countries recognize this form of divorce. Many countries now recognize the uncontested divorce but only under special circumstances. It may pose more problems especially if the foreigner has plans of remarrying.

Divorce – Foreigner & Foreigner
Foreigners who want to divorce in Thailand must seek the advice of a lawyer so they may be guided if and how they can proceed to divorce. Your Thailand divorce lawyer must be able to advise you whether your home country will recognize a divorce that you will receive in Thailand. There are cases where couples would go through a divorce only to find out that their State cannot recognize their foreign divorce.

Related Family Law Services

Marriage Registration

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You want to get married in Thailand? We gladly help you! Allow us to guide you through the process with our proven and hassle-free step by step approach.

Child Custody

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There are cases where the custody of a child needs to be settled properly without any harm, stressful proceedings and trouble. We can help with that.

Child Adoption

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You want to adopt a child in Thailand? It can quickly become a stressful and emotional process. Allow us help with all the paperwork and proceedings.

HARWELL HARWELL LEGAL LEGAL

Phone: +66 (0) 76 530 597

FAX: +66 (0) 76 530 598

Email: office@harwell-legal.com

 Address: 9/37-38 Moo 9, Chaofa East Road, Chalong, Muang Phuket 83130, Thailand

Open Hours: 09:00 - 18:00

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