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.

A betrothal ceremony is not a legal requirement for solemnizing a marriage in Thailand. Instead, it serves as a formal agreement where both parties promise to marry. For the betrothal to be valid, the man must provide an engagement property to the woman as evidence of the agreement.

If either party breaches the betrothal agreement, they may be subject to damages claims. It's important to ensure that marriage registration follows specific guidelines for individuals of various nationalities. Our legal team can assist you through the process.

Registering a marriage between a Thai and a foreigner can be complex and demanding. Like any significant event, marriage requires thorough preparation. If you plan to marry in Thailand, it's crucial to understand the processes and legalities involved. Hiring a local attorney can help ensure that your marriage is recognized in Thailand and abroad and complies with Thai laws.

Qualifications for Marriage

1. Both partners must be at least 17 years old.
2. Both must not be declared insane or incompetent.
3. Both must not be direct blood relatives (ascendant or descendant line).
4. Both must not be full or half siblings.
5. Both must not have the same adoptive parents.
6. Both must be unmarried at the time of marriage.
7. A widow or widower can remarry only after 310 days from the end of the previous marriage, except if:

• A child was born during this period.
• The divorced couple remarries.
• A doctor certifies that the woman is not pregnant.
• A court allows the woman to remarry.

Required Documents

For Thai Nationals:

• ID card
• House Registration Certificate
• Proof of Divorce (if applicable)
• Single Certificate

For Foreigners:

• Passport
• Visa
• House Registration Certificate
• Proof of Divorce (if applicable)
• Affirmation of Freedom to Marry from the Embassy
• Thai translation of the Affirmation of Freedom to Marry, certified and approved by the Ministry of Foreign Affairs
• Police Clearance Certificate

Marriage Registration
Marriage is registered by both parties declaring their consent to marry before a registrar at the district office. After the marriage is registered, each party receives a Certificate of Marriage. As the certificate is in Thai, the foreign party must have it translated into English for use in their home country. The translated document must then be certified by the Ministry of Foreign Affairs.

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