There are two types of divorce in Thailand: contested divorce and uncontested divorce. Due to the high level of discretion as well as limited legal costs, time and level of conflict involved, uncontested divorce is the most common path chosen in Thailand. An uncontested divorce is also known as an ‘administrative form of divorce’ as it only requires the mutual consent of both parties to end the marriage, and the submission of certain documents, such as ID cards, passports and marriage certificates to the local registration office. Both parties wishing to end the marriage must be physically present at the time of applying for an uncontested divorce. While uncontested divorces are relatively simple, it is always prudent to obtain legal advice prior to beginning the process to ensure the divorce is recognized and upheld in foreign countries.
Conversely, a contested divorce arises in the event that only one party wishes to end the marriage, or the parties cannot agree on the terms of the divorce. The process involves going to court and obtaining a judgment. As such, it can be a lengthy and costly process. The application for a contested divorce must be made under one of the ‘grounds for divorce’ set out under Thai law. These include, but are not limited to, grounds such as where one party has committed adultery, has caused the other harm or has deserted the other for more than one year.
When marital problems are pointing to the possibility of separation or divorce, Mahanakorn Partners Group knows how to assist. Our family lawyers can provide a clear overview of Thai divorce law and are highly experienced in issues such as separation, abandonment, child custody, child support and, when necessary, can provide private investigation services. We facilitate the negotiation process, draft separation agreements, prepare paperwork and assist with the execution of divorce.