Easy and quick some say? If you married in
Thailand and both parties agree to the divorce,
it's as simple as going to the registrar's office where your marriage is
registered and filing the divorce. You just go with your wife to any Amphur,
show them your wedding papers, your passport, her ID card, and tell them that
you want to divorce. They will ask you some questions, like have you children
together and what have you decided for their future?... are there financial
They will fill a form. You both sign it then wait a few
minutes, the time needed to fill the divorce certificate... the wedding
certificate was in "portrait form '' the divorce certificate is
You will have to pay 50 baht & your wife must change her name to yours
BEFORE the divorce can be granted...and she can reverse to her old family name,
the minute after the divorce is granted.
If you are married and your spouse does not agree
to a divorce in Thailand then you will need to obtain a judgement from the
Court. You need a lawyer for these steps BUT YOU MUST APPEAR YOURSELF IN PERSON. You cannot remarry until
this has been allulled. Judegement for divorce is granted only if the
application is based on any of the 12 grounds for divorce & becomes
effective at date of final judgement & must be registered at a District
Office or a Thai Embassy.
If in the US each state has their own set of
rules. Most states require a 6-month cooling off period (separation) before the
divorce becomes final. On the other hand, Nevada only requires six weeks of
living in Nevada (for non residents).
QUESTIONS AND ANSWERS. IF NOT JUST WRITE TO US
Qu: What if my Thai wife won't agree? Then
you need to file to the court for an annulment on grounds. Use a lawyer to do
this AND you must appear in person yourself.
Qu: If I am a foreigner & live in Britain
& my wife will not divorce me what do I do? You
must file to the Thai Court in Thailand & be present (can take 2 months).
Normally a Thai Lawyer will file for you and act as your power of attorney but
YOU must attend the Court. A lawyer cannot represent you in Court..
Qu: Can I get my Thai wife's parents to sign on
her behalf? No
Qu: Can the Thai Embassy assist me as a foreigner? No
Qu: Can I prepare myself? No
you must use a lawyer to file. However if by mutual consent you can do yourself.
Qu: If both parties agree is it straight forward? Yes you can then apply direct to the local Amphur
Qu: How long must I be separated before I apply? 3
Qu: Must I travel to Thailand to divorce if my
wife won't sign? Yes---there's no other way.
Qu: What if my wife leaves you in the USA? tough
----you must pay the support she will receive from the Social Welfare or
whatever benefits she may receive for the rest of your life unless she goes back
Qu: If I marry a Hmong or ethnic tribal girl or
this marriage recognized under Thai law? No
OF THE ACT:
Section 1514 Divorce
by mutual consent must be made in writing and certified by the signatures of at least 2 witnesses.
Where marriage has been registered as provided by this code, divorce by mutual
consent is valid only if the registration thereof is effected by both the
husband and wife.
GROUNDS FOR DIVORCE:
1/. Husband has given maintenance to or
honoured such other woman as his wife, or the wife has committed adultery, the
other may claim for divorce.
2/. One spouse is guilty of misconduct,
criminal or otherwise.
3/. One spouse has harmed the other via
torture or mental circumstances.
4/. One spouse has deserted the other for over
Either party lives
apart for 3 years.
5/. One or the other partner has disappeared
for 3 years.
6/. Lack of marital support.
7/. One spouse insane for more than 3 years
& its incurable.
8/. One partner has broken the bond of good
9/. Incurable disease that may affect the
10/. Physical disadvantage permanently unable
to cohabit as husband & wife.
If in doubt ask us. We are only an
When a couple divorce in Thailand all marital
property (sin somros) is divided equally. Personal property (sin suan
tua) remains owned by the individual. Thus marital property is
anything acquired during marriage by way of gift, bought, or
inherited. Personal property is anything acquired before the marriage like a
house, tools, equipment & possessions. If both parties agree then the
proceedings are straight forward.
Both parties are responsible for debts incurred
from household affairs, education and medical bills. One can have a prenuptial
agreement which is law & where property is subject to foreign laws. To be
valid the prenuptial must be tendered at the marriage registration to be
effective & signed by both parties & 2 witnesses. Most of these
prenuptial agreements are between foreigners and Thais.
If one partner is employed, property is
split equally. If the wife stays home and looks after the children she has the
right to half even though she is not receiving payment. The parents divorcing
can agree on who pays for the children's education and day to day living
expenses and maintenance. if they cannot agree the Court will rule. the Court
may also decide on living allowances based on the ability of the grantor &
the status of the receiver.