If you are considering filing for divorce in Thailand you need to see the grounds for divorce in Thailand which lists the conditions for divorce in Thailand. You can also check if you are in a position to apply to court to have your marriage declared void. Once you have considered the grounds for divorce and annulment it is always best to contact a divorce lawyer in Thailand to take further action.
If you and your Thai wife can agree on the divorce conditions and how best to divide the property and also settle the issue of guardianship and custody of the children and maintenance if needed then you only need a written agreement between you and your wife to file for divorce at the local Amphur’s office (District Office) in Thailand. This does not take long and you need to ensure that you fully understand the divorce agreement before you hand in the agreement to the district office. Note that if you have a prenuptial agreement then you will also need a copy of this for the district office. It is always best to contact a lawyer in Thailand as the prenuptial agreement can become a problem even in an uncontested divorce.
Note that under Section 1520 of the Civil and Commercial Code you need to provide the Amphur with a written agreement with regards to parental consent and custody of the children with all the arrangements for the children such as maintenance and custody, visiting and who pays for what. If this cannot be reached then the divorce will be a contested divorce and the matter would have to be placed on the court roll for final decision to be made by the courts. Note that the courts will decide what is best for the child or children and may also appoint a third party as the guardian.
If there is a dispute about the amount of maintenance for the child then the matter also has to go to court to decide what each parent will pay as provision has been made for this under Section 1522 of the Act.
Many expats once divorced return back to their home country and this most times creates additional problems with flights, kidnapping of your own children and how and where to send money while outside of Thailand. When it comes to children even during a divorce by mutual consent or uncontested divorce it is always best to speak to a family lawyer in Thailand and most times couples tend to overlook important issues which do crop up later after the divorce that they had not considered. If you have any questions about getting divorced in Thailand then you can email us with your concern and our family lawyer will contact you with information and advice. If you are in Thailand you can contact our offices for assistance and speak to us in person.
The information contained in our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.