unopposed divorce in Thailand...

Divorce in Thailand: Consent.
unopposed divorce in Thailand.

Applying for a divorce in Thailand can be done reasonably easily if both parties agree to the divorce. Mutual consent to the divorce is simply a matter of both parties going to the District Registration office or Amphur in Thailand. This is the easiest type of divorce in Thailand. They would need the following documents for the divorce:

The original Marriage Certificate;

The original Identification card of the Thai spouse;

The original passport;

The original Divorce agreement if you have one;

The original Prenuptial Agreement if you have one.

Before the divorce registration, in case that the parties do not have the divorce agreement with them, the registrar will ask the parties to fill in a blank form of the divorce agreement which have blanks with regards to the property, child custody, debts/liabilities and others, and when the parties can agree, both of them will have to sign the agreement.

The divorce agreement is only in Thai and it would cover the following:

Property

Child Custody / Guardianship

Debts/Liabilities

Others

Once the divorce agreement has been signed the registrar will draft the memorandum of the divorce registration and have both parties sign off on the documents. They would then be issued a divorce certificate. All the documents are in the Thai language and this is where most problems would set in.

Common problems occur with regards to the following:

Guardianship and/or Child custody.

Access to the children/child

Property ( especially joint property)

Property inherited during the court of the marriage

Maintenance of minors or the spouse

Complications with regards to fixed property bought in the name of the other

Spouse’s support/ maintenance/ financial

Even though the process of an unopposed divorce does appear simple it does become complicated when all the variables are added. Once the documents are signed, it would take a court order to change any of the conditions changed later. It is best even during the process of a seemingly straightforward divorce to retain the services of an attorney. Do not rest with the thought that the officials at the District Registration office (“Amphurs office”) level of English will be at a level you would understand. In most cases it tends to be the ex-wife who would attempt to explain the process to the husband. Could you really trust the person you are about to divorce in Thailand to explain what your rights are?


Any divorce in Thailand when you do not speak or read the Thai language would be much easier if it is handled by a reputable attorney who at the very least would draft the divorce agreement for you. Retain an attorney for your divorce in Thailand today.