Generally speaking, if you or your spouse is lawfully residing in Thailand you can file for a divorce in Thailand courts. For parties who have a marriage registered in Thailand, non-contested (or consensual) divorce is available in five Thailand district offices. An official Thailand divorce, whether ordered by a Thai court or registered through a district office, is recognized internationally based on the principle of international law termed "comity."
If only one spouse is legally residing in Thailand, or if either party is unwilling or unable to continue in the divorce proceedings, a court ordered divorce may still be obtained. However, the divorce complaint and summons must be lawfully served upon the defendant spouse residing outside of Thailand. However, if the divorce is uncontested, both parties will still need to appear at the district office to register the divorce.
The attorneys at Chaninat and Leeds have successfully filed hundreds of both court divorce and uncontested divorce cases in Thailand. We have litigated international divorce involving the following nations: USA, UK, Australia, Germany, France, New Zealand, Japan, Canada, Switzerland and Israel. Our attorneys have successfully recovered million of dollars in funds deemed to be the separate property of our clients, including real estate assets held by a Thai spouse in the client's name.
Thailand Divorce Law
Thailand divorce law allows for couples to file a divorce at the Thailand district office if one of the spouses currently resides in Thailand provided the requirements for grounds of divorce are met.
An administrative divorce registration can be filed if the marriage had originally been registered at the local District office (Khet or Amphur) and only if both the spouses agree to the divorce, making it an uncontested divorce.
However if spouses are not in agreement over the divorce, a simple administrative procedure will not be possible and the divorce will be handled by the Thai Courts rather than the District Office and the divorce is a contested one.