The Civil and Commercial Code of Thailand governs divorce in Thailand. Thai nationals and foreigners may experience distinct divorce procedures in Thailand.
There are two types of divorce available to Thai citizens: uncontested divorce and disputed divorce. When both parties to the divorce agree to the divorce and all of its terms, including how to divide the marital assets and who will have custody of the children, it is a pretty simple process. The procedure involves submitting a divorce petition to the neighborhood district office (Amphur) and showing up for a hearing to officially end the marriage.
When one or both parties cannot agree on the terms of the divorce, it becomes a more complicated process known as a “contested divorce. The procedure includes submitting a divorce petition to the court and appearing at numerous sessions to discuss the divorce’s conditions. If the parties are unable to agree, the court will decide the terms of the divorce.
Divorce proceedings in Thailand may be more difficult for foreigners due to possible jurisdictional and immigration-related complications. It is crucial to get legal counsel to comprehend the particular requirements and processes for a foreign divorce in Thailand if one or both spouses are non-Thai citizens.
It is also important to remember that in Thailand, only specific grounds, such as adultery, desertion, or grave misconduct, can be used to obtain a divorce. The court may ask for proof to back up the claim, and both parties must have a good reason for wanting a divorce.
In general, getting a divorce in Thailand can be difficult and complicated, especially for foreigners. It is advised to acquire legal counsel and assistance to successfully manage the process.