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Marriage and Divorce in Thailand

Jun 24

Marriage and divorce are a reality for many people in Thailand. Divorce is the dissolution of the bonds of matrimony, canceling the legal responsibilities and duties of the married couple. In recent years, the divorce rate in Thailand has risen significantly, from 27% in 2006 to 39% in 2016. In fact, more than a third of the couples who registered marriages in Thailand in 2016 divorced. For this reason, the Thai divorce rate is on the rise. Check the page about registering your marriage in Pattaya.


Common grounds for divorce in Thailand

The most common grounds for divorce in Thailand are adultery and serious insults to the innocent spouse. Although not common, extramarital affairs can lead to serious mental strain and physical harm. In addition, Thailand's family law protects ascendants of both spouses, so the couple should respect each other's parents. Abandonment can also be grounds for divorce, but it is rare and involves the spouse leaving the home without the consent of the other.

In Thailand, a couple may file for a divorce under one of two different legal options: a contested or an uncontested divorce. A contested divorce is one where the two parties disagree on important aspects of the marriage, such as child custody. In this case, the husband and wife divide the marital property equally. During the marriage, the parties are equally responsible for any debts. However, if one spouse has left the marriage, he or she may be responsible for the debt.


Cost of a divorce in Thailand

The Cost of a Divorce in Thailand varies considerably, but is generally not very expensive. Divorce in Thailand is relatively easy, as long as both parties agree to divorce. The divorce itself can be done at any Amphur or District Office. You will need to show both copies of your marriage certificate and your Thai spouse's ID card. You will also need to sign the divorce petition form, and pay 50 baht for the certificate.

If you are a non-Thai national, you will need to bring a copy of your driver's license or passport. You will also need to make an appointment with the Royal Thai Consulate-General in Sydney, which will cost you around $500. You'll be required to present both parties, plus two witnesses, at the appointment. The divorce procedure will take one day to complete. There are other fees involved.


Getting a divorce in Thailand with a prenuptial agreement

If you and your partner are in the process of a divorce, a prenuptial agreement can be an important tool in your legal arsenal. These agreements can help protect you from your spouse's debts and make dividing assets more equitable. If your prenup is not in place, you should get a Thai divorce lawyer to draft a prenuptial agreement that will stand up in Thai courts.

Thai law is more lenient in regard to prenuptial agreements than many other countries, but there are still a few requirements you must meet to make it work. First, a prenup should be fair, listing all the assets of each party and stating their entitlement to the property upon the dissolution of the marriage. The agreement cannot relate to the custodian of the marital assets or to any future divorce. Lastly, it must not be in conflict with public order or moral goods.