There are 2 types of divorces in Thailand. These are Contested Divorces which tend to be very costly and then there are Uncontested Divorces which are much cheaper and are normally called Administrative Divorces. Speak to a Divorce Lawyer in Thailand before signing any agreements with regards to your divorce in Thailand.
Uncontested Divorce
An uncontested divorce is the administrative form of divorce in Thailand. It is preferred because it is swift and straightforward. For this divorce, parties do not need to have a ground to sever their marriage. Their mutual agreement to end the marital consortium is enough. The spouses must be physically present when applying for an uncontested divorce. It is conducted at the local register which is known as the amphur, amphoe or khet.
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Contested Divorce
Contested divorce is judicial or court divorce. One party to the marriage is given recourse to go to the courts to end his/her marriage if any of the grounds provided under Thai law is attendant. This is usually availed of if there is a definite ground for divorce but only one of the parties is amenable to ending the marriage, or if one party has been absentee, and the absence has been a detriment to the other. Another reason to have this divorce is if there are disagreements on child custody and marital property sharing which the parties cannot settle by themselves, and the court's intervention is necessary to put an end to the marriage and the accompanying issues. Contested divorce is also the remedy of some couples who have not registered their marriage in Thailand but have been residing or working in Thailand for a reasonable length of time.
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Divorce - Thai & Thai
Thai's usually end their marriage through an uncontested divorce. They favor this option because it averts further conflict between husband and wife, as well as their families. As much as they can, Thai couples will settle issues on the sharing of child custody and marital property privately. Only in rare cases when a compromise can no longer be reached do they consult with a lawyer to assist them in the drafting of a Thailand divorce agreement which they will register at the amphur when they get their divorce in Thailand.
Divorce - Thai & Foreigner
The rapid exposure of Thailand to the world in terms of commerce and tourism has resulted in many marriages between Thai nationals and foreigners. Unfortunately, differences between cultures and language have strained some relationships and Thailand divorce has become inevitable in these cases.
Almost always, the Thai spouse will suggest an uncontested divorce if the marriage registration took place in Thailand, as the uncontested divorce is more known and favored by Thais. Foreigners must take extra care before proceeding to have an uncontested divorce. The reason is that not all countries recognize this form of divorce. Many countries now recognize the uncontested divorce but only under special circumstances. It may pose more problems especially if the foreigner has plans of remarrying.
Divorce - Foreigner & Foreigner
Foreigners who want to divorce in Thailand must seek the advice of a lawyer so they may be guided if and how they can proceed to divorce. Your Thailand divorce lawyer must be able to advise you whether your home country will recognize a divorce that you will receive in Thailand. There are cases where couples would go through a divorce only to find out that their State cannot recognize their foreign divorce.