Uncontested divorce is the administrative form of divorce in Thailand. This is preferred by couples as this is swift and straightforward. However, not all couples may avail of this type of divorce. Only those who registered their marriage in Thailand may have this divorce as an option.
Uncontested Divorce
Divorcing couples need to personally appear before the local register (amphur, amphoe or khet) for the procedure. They may not be represented by a family member, lawyer, counsel or solicitor. Personal appearance is necessary because the parties are required to answer questions as regards their decision to sever the marriage. The officer must ascertain that the parties' decision to divorce was reached voluntarily and without duress.
Traditionally, couples were required to divorce at the same amphur where they registered their marriage but lately, couples had been permitted to get the uncontested divorce in an amphur different from where the marriage is registered. The amphur may require the submission of more documents before the divorce is processed.
The documents required for an uncontested divorce in Thailand are as follows:
- Marriage Certificate
- Thai National ID
- House Registration Certificate (Ta bien ban)
- Marriage Certificate
- Passport
- Marriage Certificate
- Thai National ID
- House Registration Certificate (Ta bien ban)
- Marriage Certificate
- Passport
- Legalized copy of the passport
The amphur issues a divorce certificate in Thai once the divorce is granted. Foreigners may need to have the decree translated to English and legalized at the Ministry of Foreign Affairs of Thailand so that the divorce may be reported and the decree be registered with their Embassy or consulate in Bangkok.
On the other hand, Thais need to report their divorce in the amphur where their birth is registered. Additionally, Thai women divorcees need to revert back to the use of their maiden name. Their National ID and passport must be amended to reflect the maiden name again.
Important reminder for Uncontested Divorce
If you are a foreigner, it is very crucial to first consult with a divorce lawyer in Thailand or in your country on whether your country or state recognizes a foreign divorce and more specifically, the uncontested or administrative form of divorce. This is because the laws on divorce of different countries vary as to form and/or procedure. What may be valid in another country may not be valid in your own. It is also possible that some countries will allow their nationals to avail of the divorce proceedings of another country, by reason of special considerations like domicile or residency.
If the divorcing couple is faced with issues relating to the sharing of child custody and marital property, an uncontested divorce in Thailand is still very much possible. They may enter into a divorce agreement where arrangements are settled and put on paper. Let a lawyer guide you through the rights which you can still enjoy as individuals after the divorce is granted. The divorce agreement must be signed by both parties (and 2 valid witnesses) prior to the divorce, and registered at the same time as the divorce for it to be enforceable.