Types of Divorces in Thailand
1. Uncontested Divorce
An uncontested divorce in Thailand is an administrative procedure that is swift and straightforward. Both spouses must be physically present when applying at the district office.
2. Contested Divorce
A contested divorce in Thailand is a judicial process where one spouse petitions the court to end the marriage based on grounds recognized by Thai law. This type of divorce is necessary when there are disputes over child custody or marital property that cannot be resolved privately. Additionally, contested divorce may be an option for couples who have not registered their marriage in Thailand but have lived or worked in the country for a significant period.
Divorce Between Thai Nationals
Thai couples typically prefer uncontested divorces to avoid further conflict between themselves and their families. They usually resolve issues of child custody and property division privately. Only in rare cases, when a mutual agreement cannot be reached, do they seek the help of a divorce lawyer to draft a divorce agreement, which is then registered at the district office.
Divorce Between a Thai National and a Foreigner
The increasing interaction between Thailand and the international community has led to many marriages between Thai nationals and foreigners. However, cultural and language differences often strain these relationships, sometimes leading to divorce. Thai spouses usually propose an uncontested divorce if the marriage was registered in Thailand, as it is more familiar and preferred by Thais. Foreigners should be cautious, as not all countries recognize uncontested divorces. This can be particularly problematic if the foreigner plans to remarry.
Divorce Between Foreigners in Thailand
Foreigners seeking to divorce in Thailand should consult with a lawyer to understand if and how they can proceed. It is crucial to ensure that the divorce will be recognized in their home country. There have been instances where couples divorced in Thailand only to discover that their home country does not recognize the foreign divorce.