There are 2 types of divorces in Thailand. These are Contested Divorces which tend to be very expensive and Uncontested Divorces which are much cheaper and are normally called Administrative Divorces. Speak to your lawyer at Magna Carta before signing any agreements concerning your divorce in Thailand.
Grounds for divorce in Thailand include
· 3-year period of separation
· Desertion for over one year
· The wife has committed adultery
· The husband has taken another woman as his wife
· One spouse is guilty of misconduct (criminal or otherwise)
· One spouse has physically or mentally abused the other
· Lack of Maintenance and Support
· One spouse has broken the bond of good behaviour
· One spouse has had incurable insanity for at least 3 years
· One spouse has an incurable, communicable and dangerous disease
Uncontested divorce
An uncontested divorce is preferred because it is quick and simple. For this divorce, parties do not need to have a ground to sever their marriage. Their mutual agreement to end the marriage is enough. Both spouses must be present when applying for an uncontested divorce. It is conducted at the amphur office
Uncontested divorce is usually preferred by Thais. But foreigners must take care before proceeding with an uncontested divorce. because it is not recognized in all countries, and it may pose more problems especially if the foreigner has plans of remarrying
Contested divorce
In a contested divorce one party to the marriage may to go to the courts to end his/her marriage if there is a definite ground for divorce and only one of the parties wishes to end the marriage, if one party has been absent, and the absence has been a detrimental to the other. or there are disagreements on child custody or marital property which the parties cannot settle by themselves, and the court’s intervention is necessary to put an end to the marriage. |