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You have only been able to get married since the later part of 2024. We have covered a number of article on this website. Firstly about getting a same sex marriage in Thailand so we have included the process for a same sex divorce in Thailand. There has not been one yet so far but lets look at getting divorced while we are at it. Note that we have add a prenuptial agreement for same sex marriages as well as a divorce.
Much like a hetrosexual marriage the divorce would run the same course. There is the divorce by mutual consent or a contested divorce. The two are not the same as the divorce by mutual consent is a consensual divorce where parties do not need any assistance as they have agreed on the parting of ways. This is done at the Amphur Office where you got married.
There is also the contested divorce where you are litigating a divorce because of a dispute. This has to occur in court. Both need a lawyer as you cant speak or read Thai. With a mutually agreed divorce you just need a divorce agreement and at the Amphur office this take about 20 minutes to complete. The litigated divorce will need someone full time.
This article below will provide you with an in-depth exploration of same-sex marriage and divorce in Thailand. It will detail legal procedures, rights, and responsibilities for both Thai nationals and foreigners alike.
Thailand has had many years of struggle for same sex marriage. We wrote about it under the article called the lgbt rights in Thailand on this website. Its a long read but you can get a good idea as to how this push for gay rights started in the late 90’s. Those struggles ended in the Marriage Equality Act which finally allowed for same sex marriage.
In 2024, Thailand passed its landmark Marriage Equality Bill, which:
The new laws covers all the legal benefits of marriage. This included inheritance, shared property rights as well as spousal immigration. The same as those attributed to hetrosexual marriages.
Who Can Marry?
Firstly there are the Thai-Thai couples. This is easy to complete as this is for locals in Thailand. The second as the Thai-Foreign couples. This becomes a bit more complicated. You may not get a freedom to marry letter as your country may not allow for same sex marriage. Then there are the Foreign-Foreign couples (if their home country does not prohibit such marriages)
Legal Requirements
For Thai Citizens:
For Thai citizens wishing to get married in Thailand. They will need to show their Thai national ID card. Likewise they will also need to show their Tabien Baan or house registration documents.
For Foreign Nationals:
When it comes to foreigners you will need to have a passport with a valid visa. You will also need to obtain a letter of affirmation or freedom to marry or No Objection letter. This you will need this from the Embassy. This letter needs to be legalized at the MFA as well as the translation of the letter.
It is the Amphur’s office where you register your marriage after the MFA legalization. By legalization we are talking about verifying that the documents does come from the Embassy. They place a small stamp onto the back of your documents, including the translated ones. Note that a ceremonial marriage does not carry any legal right.
Steps:
• Firstly you need t prepare your documents as explained above
• Translated documents you have to visits the MFA for legalization
• Once that is done you will need to go to the local Amphur with your partner.
• Submit documents and sign the marriage register.
• Receive the official marriage certificate (ใบสมรส)
Like all contracts, they can be ended. Marriage in this regard is no different. The marriage can be dissolved and is also available to legally married same-sex couples. This is no different to that which you might have with heterosexual couples. As explained above. There are two types of divorces. There is a mutual consent divorce and a litigated divorce. The on goes through the Amphur’s office or district office where you got married, or in court.
When Is It Needed?
You must file for a litigated divorce if:
This type of divorce must be handled in a Thai family court.
Legal Grounds for Litigated Divorce
Thailand recognizes several legal grounds for contested divorce, including:
1. Someone committed adultery or infidelity
2. One of the spouses committed misconduct or abuse
3. Your partner desertion for over 1 year
4. There is a lack of support
5. Your partner has an incurable mental illness
6. You have been mutual separation for over 3 years
7. There was a violation of marital obligations
8. One spouse has been imprisoned
Step 1: File a Petition
• You as the petitioner files for a divorce at the local Family Court.
Step 2: Court Summons
• Your partner or respondent is served with a court summons
Step 3: Preliminary Hearing
• The court checks if the couple can settle the dispute. If not, the trial proceeds.
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Step 4: Trial
• Both of you will present evidence and witnesses.
• The court rules on the validity of the divorce request and division of assets.
Step 5: Judgment and Finalization
• Once your the divorce is granted, both parties receive a court judgment.
• This will get registered at the Amphur, and a divorce certificate is issued.
Costs and Duration
The court case can vary depending on what the main argument is about. So the court case can last for 6 months to 2 years when children are involved. The legal fees can vary from about 50,000 THB upwards. Having a Thai divorce lawyer will be needed.
Thailand follows the community property system and you can best understand it as follows. There is the Sin Somros and Sin Suan Tua. The Sin Somros is marital property which was accrued during the course of the marriage. The Sin Sua Tau includes inheritances made out to you and not to you as a couple. Pre-marital assets and gifts.
Note that personal property remains with the original owner of the property. If there is a prenuptial agreement that was filed at the date of marriage and registered at the Amphur office.
In Thailand there is no alimony or spousal support automatically. There can be an order made as you can read the article on spouse support in Thailand on this website. This can be made where the one partner is financially dependent on the other or there was misconduct. Spousal support is more common in litigated divorces and determined on a case-by-case basis.
This is a brief overview when it comes to divorce in Thailand for same sex marriages. Look at this website for more information on getting divorced in Thailand. Speak to our Thai divorce lawyer for more advice and assistance.
