Insights into Divorce Proceedings in Thailand

The breakup of a marriage can be one of the most difficult experiences in life.

The divorce process—especially in a foreign country—can add additional complications and challenges. The team at WSR Law has put together this article to detail their experience with divorce proceedings in Thailand and how we can help those going through divorce proceedings.

Key Takeaways

• Marriage Basics: In Thailand, a legally recognized marriage requires both parties to be over 17 and must be registered at the local district office. The recent Marriage Equality Bill has also brought same-sex marriage into official recognition.
• Divorce Types: Thailand distinguishes between uncontested (administrative) divorces, where both parties agree on the terms, and contested (judicial) divorces, which require court intervention when disagreements arise regarding asset division and child custody.
• Special Legal Requirements for Foreigners: For divorces involving foreign spouses, the divorce certificate must be translated into English and legalized by the Ministry of Foreign Affairs before it can be registered at the respective embassy. In contrast, Thai citizens must notify their local district office.

Marriage

Marriage in Thailand is governed by Chapters I to III of Thailand’s Civil and Commercial Code.

For a marriage to be considered legitimate, both parties must be over the age of 17 at the time of registration. To ensure the marriage is officially recognized, it must be registered at the local district office in the relevant province.

Further, with the enactment of the Marriage Equality Bill, Thailand now officially recognizes same-sex marriage.

It must be noted that a failure to register the marriage can lead to significant issues later on.

Divorce

The laws governing divorce in Thailand can be found in Chapter VI and various other chapters of the Civil and Commercial Code. Similar to other jurisdictions, Thailand recognizes two types of divorce:

• Uncontested Divorce (Administrative Divorce): An uncontested divorce occurs when both spouses mutually agree to end the marriage and settle all related matters such as the division of tangible and intangible assets, child custody, and financial support. To finalize the divorce, the spouses must register the proceedings with their local district office. Once the administrative process is complete, a divorce certificate is issued. For cases involving a non-Thai spouse, the divorce certificate must be translated into English and legalized by Thailand’s Ministry of Foreign Affairs before it can be registered at the respective embassy. Thai citizens, on the other hand, are required only to notify their local district office.
• Contested Divorce (Judicial Proceedings Divorce): A contested divorce is more complex and arises when the spouses cannot agree on the divorce terms. In such cases, the matter is taken to The Juvenile and Family Court, which handles family-related issues such as divorce, maintenance, and custody. Contested divorces are recognized in Thailand under the following situations:
  1. An agreement on the division of assets, including child custody, cannot be reached.
  2. The foreign spouse’s home country does not permit an uncontested divorce.
  3. One of the parties insists on a divorce.
  4. If a marriage is not registered in Thailand, the couple must pursue a contested divorce through the Thai legal system. In these cases, the court will consider the marriage valid if one spouse is Thai, one has worked in Thailand for a significant period with a valid work permit, and one is a permanent resident of the country.

Concluding Remarks

Divorce can be one of life’s toughest journeys and navigating it in Thailand can add further challenges.

Extra requirements for international cases, such as the need to translate and legalize divorce certificates for foreign spouses, contrast with the simpler process for notifying a local district office for Thai citizens. The team at WSR Law is well positioned to assist both Thai and foreign nationals with all types of divorce proceedings in Thailand.

When it comes to family law matters, you can be confident that you are in capable hands with WSR Law.