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Chaninat & Leeds
Suite 10/154, Trendy Office Building 18th Floor, Sukhumvit Road Soi 13 Klongtoey Nua, Vadhana Bangkok, Thailand 10110
Tel : (662) 168 7001 (-3)
** If dialing within Thailand,
Please dial: (02) 168 7001 (-3) **

Fax: (662) 168 7004


Chaninat & Leeds Co., Ltd.
13.742774, 100.557853
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FAQ - Divorce

How can I get divorced in Thailand?

Persons who registered a marriage at the local district office (Khet or Amphur) office may register an administrative divorce at a local district office. Performing an administrative divorce at the local district office requires that the parties do not have disagreements over child custody or property ("uncontested"). If the divorce is contested, however, then the parties should proceed through the court system. In order file a court action for divorce either the Plaintiff or Defendant (or both) must be a resident of Thailand.

How do I get a divorce if both my spouse and I consent to the divorce?

The parties must go to the District office (Khet or Amphur) and file the paperwork for a divorce. You must bring your marriage certificate, Passports, and ID's and inform them that you wish to divorce. They may ask you questions about your future plans, financial situation, and children, if any, and then ask you to fill out forms detailing the terms of divorce and other matters. The divorce must be certified by two witnesses. After payment of a minimal fee, the divorce may be granted.

What if my spouse does not consent to a divorce?

The family law of Thailand requires that you must establish grounds in order to be granted a divorce from a Thai court. According to Thai law grounds for divorce 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 disadvantage so as to be unable to cohabit as husband and wife.

What if my spouse is living overseas or refuses to appear in court?

If your spouse is not present or will not return to Thailand to fight the divorce, you may still be able to proceed provided that he or she has been given adequate notice of the action. Service must be applied through a Thai court if your spouse is not in Thailand and substitute service, (such as by publication) may be allowed in certain circumstance.

What if I live abroad and want to file a divorce action against my spouse who resides in Thailand?

If the defendant has a legal residence in Thailand, you may file for divorce in the Thai Courts.

What if my spouse does not respond to the summons by the court?

After filing with the Thai courts if your spouse does not appear in court the divorce case may proceed based on default.

What happens to my property?

The Court will divide the property according to the law and individual facts of the case. Thai law is a "community property" jurisdiction. This means that income received by either husband or wife during the marriage belong to both parties equally. "Separate Property" is property belonging to the parties before the marriage, and, in general, does not belong to the marital estate. The actual rules are more complex however.

What about outstanding debts and liabilities?

Debts that were incurred during the marriage, whether they be household, medical, or educational, are, in general, the responsibility of both parties.

What if I have a prenuptial agreement?

In order for a prenuptial agreement to be valid in regard to a marriage registered in Thailand it had to have been signed by both parties, as well as two witnesses, and must have been previously submitted to the local district office.