The marriage is terminated by death, divorce or being cancelled by the Court (Section 1501, Chapter VI, and Subject: “Termination of Marriage”, The Civil and Commercial Code of Thailand)
HOW CAN YOU GET DIVORCED IN THAILAND
If you are a foreigner who are legally registered the marriage under Thai Law, you can file a divorce to court in Thailand.
In case of the spouse agreed to terminate the marriage, they can register the divorce at a local District Office. Divorce effected by mutual consent must be made in writing and certified by the signatures of the least two witnesses (Section 1514, Paragraph 2, Chapter VI, “Termination of Marriage”). The parties shall make the written agreement for the exercise of parental power over each of the children and both of the spouses or either spouse will contribute to the maintenance of the children.
If the spouses do not agree to terminate the marriage, the divorce may be effected by judgment of the court. Therefore, you need the lawyer to handle all the procedures of the court.
HOW CAN YOU GET A DIVORCE IF YOUR SPOUSE DOES NOT CONSENT TO THE DIVORCE?
You have to file a court action by establish grounds (faults) for a divorce as the following details:
1. One spouse has committed adultery;
2. One spouse is guilty of misconduct (criminal or otherwise);
3. One spouse has caused serious harm or torture to the body or mind of the other;
4. One spouse has deserted the other for over one year;
5. One spouse has been adjudged to have disappeared;
6. One spouse has failed to give proper maintenance and support to the other;
7. One spouse has been in insane person for at least 3 years continuously;
8. One spouse has broken a bond of good behavior;
9. One spouse is suffering from a communicable and dangerous disease;
10. One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife.
IF YOU ARE LIVING OVERSEAS, HOW CAN YOU FILE THE PLAINT TO COURT?
You need to present in court on the court day (settling the case issue). Our divorce attorney will handle your case in Thailand and will supervise you how to prepare the document evidences and how to work with the facts of the case. After the court’s judgment issued, it will be translated into English Language or the other language on your requirement, legalization by the Ministry of Foreign Affair, then it will be posted properly to your place by UPS or the other services.
WHAT WILL HAPPEN IF THE DEFENDANT DOES NOT REPONSE TO THE SUMMONS BY THE COURT?
After filing the divorce case with the Thai Court, the summons and plaint instituting the case shall be served to the defendant at the domicile of the defendant and/or the current address of the defendant outside the Kingdom of Thailand.
If the summons has been served to the defendant, but the defendant does not file the answer within the prescribed period of time (fixed by the Law or Court), that defendant shall be deemed to be in default of answer (Section 197, Chapter II of Procedure in Case of Default, Part I “Default of Answer”, The Civil Procedure Code of Thailand).
WHAT IF THE DEFENDANT IS LIVING OVERSEAS AND DO NOT APPEAR IN COURT?
If the defendant does not appear in court in Thailand on the day of taking evidence and is not permitted by the Court to adjourn the case, such defendant shall be deemed to be in default of appearance (Section 200, Part II “Default of appearance”, The Civil Procedure Code of Thailand).
WHAT WILL HAPPEN TO YOUR PROPERTY, DEBTS AND LIABILITIES?
Upon divorce, the property which has been acquired during the marriage shall be divided equally between husband and wife. Upon termination of the marriage, the man and woman shall be liable for common debts equally (Section 1535, Chapter VI “Termination of marriage”, The Civil & Commercial Code of Thailand). |
