Thai Divorce Requirements

Getting divorced in Thailand can be difficult and costly. Below we have listed all the legal requirements in Thailand for a divorce. Note that you should always take proper legal advice from a family lawyer or divorce lawyer in Thailand. The list below is what Thai law allows for a divorce. There are also counter arguments in defence during a divorce.

You can search this website for legal defenses during a divorce however these are the requirements for a divorce in Thailand:

  • ·Your spouse has committed adultery;
  • ·You spouse in guilty of misconduct which has shamed you or caused you to be hated;
  • ·Your spouse has injured you (spousal abuse);
  • ·You have been tortured by your spouse (mentally or physically);
  • ·You have not lived together as husband or wife for more than 3 years;
  • ·Your spouse has been sentenced to prison for more than a year;
  • ·Your spouse has vanished for more than 3 years;
  • · You can live together and your spouse has failed to pay any maintained;
  • · Your spouse has been declared insane by the courts;
  • · Your spouse has broken the bonds of good behavior;
  • · Your spouse has an incurable illness which can injure others;
  • · Your spouse is disabled and you are unable to live together.

These requirements are under Section 1516. Grounds of action for divorce in the Criminal and Commercial Code of Thailand. You would normally show two of the above in order to apply for a divorce. These most times in Thailand is adultery and misconduct.

There are two types of divorces in Thailand. They first is easy and only needs a divorce agreement which needs to be filed at the District Office or Amphurs Office in Thailand. It takes less than a day to get this done however the divorce agreement needs to be drafted correctly. The second is mainly where there is a dispute and it requires the couple to appear before a court. These do get expensive so consider what you have the dispute about. If it is about small items such as a car then you have to consider the value of the car compared to the cost of litigation which normally runs for more than a year.

Take legal advice on what your best options are and consider these before applying for a divorce. Note that the divorce agreement needs to include a division of property, monthly maintenance as well as child custody. Also if you own a business in Thailand and it is a partnership what will happen to the business and will your business partner rather close the business than to have you wife as an additional partner. Many expats place their property into the name of a business however during a divorce this can become very complex. Consider all your options and take proper legal advice.

 

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