How Do I Register A Divorce in Thailand?

So marital bliss is no more, and the honeymoon period is well and truly over. Someone mentions the ‘d’ word, but this then begs the question, just how does one obtain a divorce in Thailand?

Generally speaking, if both spouses are still residing in Thailand, the divorce can be filed here and if mutually requested, it should be a relatively straightforward procedure. If the marriage was registered at a local district office (either Khet or Amphur) then you may register for an administrative Thailand divorce. This requires no disagreements over child custody or property to be on going (and is referred to “an uncontested divorce”). If there are assets to be divided or issues regarding custody of children then it is generally a sensible idea to draw up a divorce agreement in advance.

The divorce must be then certified by two witnesses.

However obtaining a Thailand divorce law can turn into a complicated process if the divorce is contested, as then the parties should proceed through the court system. The Plaintiff or Defendant (or both) must be a resident of Thailand. In order to proceed with a divorce grounds for divorce must be asserted and you must make a personal appearance in court. In Thailand grounds for divorce generally include:

* A 3 year period of separation
* One spouse has deserted the other for over one year
* The husband has taken another woman as his wife
* The wife has committed adultery
* One spouse is guilty of misconduct (criminal or otherwise)
* One spouse has been imprisoned for more than one year
* One spouse has physically or mentally harmed the other
* Lack of marital support
* One spouse has had incurable insanity for at least 3 years
* One spouse has broken the bond of good behavior
* One spouse has an incurable communicable disease
* One spouse has a physical disability so as to be unable to cohabitate as husband and wife.

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