Divorce in Thailand is a legal term which means the dissolution of a marriage, pronounced either by the judgment of a court or by the Amphur (district government administrative office) upon request in person by both spouses when there is mutual consent on the terms of divorce between husband and wife. This procedure is less expensive, quicker and easier than the procedure of a contested divorce.
A divorce in Thailand is a formal termination of a marriage and requires an agreement between the parties as to the division of marital property, custody of children and how much alimony will be paid. If this is not possible, each party can file a petition for the dissolution of the marriage with the local district court on one of the grounds for divorce listed under section 1516 of the Civil and Commercial Code.
In this case, the dissolution of the marriage will be pronounced by the judge and will take into account all the factors including the law and individual circumstances of the parties. However, it is important to note that Thailand is a 'community property' country, where all marital and jointly owned assets are considered shared property, subject to mandatory legal rules.
This can lead to some confusion with respect to the way in which properties are distributed between the parties after a divorce. In such cases, the parties must enter into a written agreement about how the distribution of property will take place, including how custody over any children will be divided between the spouses and how debts and liabilities will be dealt with.
It is also necessary to ensure that a divorce effect by mutual consent is recorded and certified by the signature of two witnesses according to section 1514 of the Civil and Commercial Code. This procedure can be undertaken at a district office or in a law firm.
As a result, it is important to make sure that the document is properly translated into Thai and that the spouses understand what they are signing for in order to avoid any problems. This is especially important for couples who are not native speakers of the language, such as Thai-Foreigner couples.
Once a divorce effect by mutual consent has been recorded and certified, it must be registered at the amphur for it to have any legal value. The couple must be present when registering and both spouses must sign the documents.
The couple must also bring a marriage certificate and their passports or Thai identification cards to verify their identity. Moreover, they should bring any separation agreements that were made during the marriage as well as a prenuptial agreement, if applicable.
The divorce is also valid if the dissolution is granted under article 1518 of the Civil and Commercial Code, which provides that the right to bring a divorce action ends if the spouse who is entitled to it has committed an act showing his/her forgiveness for the act that gave rise to the right to bring a divorce action. Forgiveness may be a more practical solution than a trial, since it is not as time-consuming and costly.