Divorce in Thailand – Legal Services Pattaya

Getting a divorce is a difficult moment not only in Thailand but also in other countries. Every couple needs time to process the changes in their relationship and decide upon the terms and settlements of the divorce. Based on these, they will proceed with an uncontested or contested divorce. However, divorce in Thailand can be easier with the right help. Even if you are an ex-pat deciding to divorce in Thailand, there is no need to worry.

We have put together a guide that presents how to get a divorce in Thailand. Since Thailand is an open-minded country that has welcomed foreigners, there has been an increasing number of mixed couples. Therefore, this article addresses not only Thai people but also ex-pats.

 Once you read the guide, feel free to contact J&E Concierge Pattaya for more information and expertise in this area.  

Starting a divorce in Thailand, Pattaya 

You will have to fill out the divorce agreement that settles subjects such as the division of common property and child custody. This is signed by both partners before the divorce is pronounced in front of a witness. If there are no disagreements between partners, it will be an uncontested divorce. In case there are certain legal issues and one of the partners has done something during the marriage, the other partner can file for a contested divorce and let it all be decided by the court. 

How to get a divorce in Thailand?

There are three types of couples you will meet in Thailand:

• Thai and Thai
• Thai and foreigner
• Foreigner and foreigner

Further on we will discuss subjects relevant to ex-pat divorce in Thailand (Thai and foreigner and Foreigner and foreign couples). There are certain regulations every foreigner needs to be aware of in case of a divorce in Thailand. 

There are two types of divorce procedures recognized by the Thai government: the uncontested divorce (at the local municipality) and the contested divorce (settled by the court). Although the contested divorce may last longer, it is recommended in case there is an ex-pat involved. The court will decide upon child custody and division of common property. There are certain representations about properties held by foreigners we will discuss further to understand why a clear division of assets is important. 

All you need to know as a foreigner

Are you an ex-pat in Thailand who is preparing for a divorce? J&E Concierge Pattaya is always ready to help you and answer your questions. We follow closely all laws and regulations imposed by the Thai Government to provide you with the best information.

Here are a few facts you need to be aware of as an ex-pat who wants to divorce in Thailand:

• If you have married a Thai citizen outside of Thailand, you are allowed to file for divorce in Thailand. You need to provide solid grounds for your decision. An uncontested divorce is only an option if you get married in Thailand.
• Make sure your home country recognizes the divorce in Thailand. Certain countries only consider valid the divorce settled by the court. Therefore, you need to take a path that is also recognizable by your home country.
• Assets are divided by simple rules. All assets obtained before marriage under the name of one of the spouses will remain the same and not be included in the divorce agreement. Properties that have been obtained during the marriage will be divided equally unless the partners decide otherwise during the divorce agreement.
• Both spouses have to be in Thailand during the administrative divorce. If you choose a court divorce, as an ex-pat you can be represented by a lawyer. 
• Keep in mind that as a foreigner you are not allowed to own land in Thailand. During your divorce in Thailand, all land that has been obtained during your marriage with a Thai citizen has to be sold and money will be divided equally. 

Divorce in Thailand when a child is involved

If you need to know more about how to get a divorce in Thailand when a child is involved, we will discuss this topic now.

There are also two possible scenarios that you can choose from. 

• In the case of an uncontested divorce where both partners agree on the terms of the divorce, the procedure is much simpler. During negotiations, parents can also come up with a plan for child custody and care. 
• If parents ask the court to decide, the judge will consider many factors before making the best decision. The court will take into consideration the well-being of the child, age, and chance to a good education and stability. However, when you divorce in Thailand the court will not take into account how rich one of the parents may be compared to the other. 

Moreover, the Thai court will not separate siblings. It will always put the child’s feelings first and it will never consider religion or cultural aspects an advantage for one of the parents. Also, the court will delegate someone to check whether the child will grow in proper conditions that will give him access to education. 

The spouse who will not be granted custody of the child will have to pay child support to contribute to his well-being. Both parents have to take responsibility and provide for the child. Although the relationship between parents terminated, the relationship between child and mother or father remains. 

Stay informed about divorce in Thailand

Every divorce will affect the stability of your family. But if you are well informed you can make the process easier for all parties involved. The cases of ex-pat divorce in Thailand are no longer something new to the Thai court. Therefore, they are always ready to help you make the right decision for your well-being and your child’s well-being.

J&E Concierge Pattaya can answer all your questions related to this topic. Do not hesitate to contact us!