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Divorce by Mutual Consent in Thailand

A Divorce by Mutual Consent as the name itself suggests, means that when both husband and wife agree amicably amongst themselves that they cannot live together anymore and that the best solution is to divorce, without putting forth any allegation against each other, in the court of law or also known as Uncontested Divorce or Administrative Divorce. In Thailand Uncontested Divorce is the most commonly way of ending a marriage lawfully, for the reason that, it is as easy as going to the Subdistrict Office (Amphur) and filling for divorce provided that both parties are present in the event, basic documentations will be needed such as;

• Marriage Certificates

• Passport

• Thai Spouse’s ID card

This process may be completed within the same day, however in most cases there are some factors e.g. (Children’s Custody, Property and Financial Matters etc.)  to be considered after the Divorce Agreement has been made.

Although Separation and Divorce are more complex than it may seems, JT legal Consult knows exactly how to apply the practice of Thai law to your specific case of achieving the best result in coherence to your best interest for the shortest possible time you may be pleased.

How about in the event that a spouse cannot or refused to sign a Divorce Agreement?

There are several factors that can lead to a complete hold in pursuance of ending a Thai marriage or filling a Divorce Agreement, most of which are due to the current situation, health condition or even unlawful act of the spouse being made.

As what has written under the Civil and Commercial code Section 1516

Grounds of action for divorce are as follows:

1. the husband has given maintenance to or honored such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;

2. one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:

1. • to be seriously ashamed;

   • to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or

   • to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;

3. one spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;

4. one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;

1. • (4/1) one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;

   • (4/2) The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;

5. one spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;

6. one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;

7. one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;

8. one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;

9. one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;

10. one spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.

If you are somehow in the situation stated above and may not possibly do the usual process of the Divorce Agreement in Thailand (District Office) due to incapability, absence, or refusal of your spouse to sign the Divorce Agreement. In this case it is imperative to seek the assistance of a competent lawyer just like the ones we provide to our clients here at Klarna Thai Corporate Law.

Our pledge to our valued clients is the satisfaction of the outcome we provide amidst the difficult time in their life.

Here at Klarna Thai Corporate Law we do have our team of experienced legal experts that specialized in any legal marital issues, contact us today and we will first give you a consultation to know the reason why you would like to file a divorce in Thailand and then we will give you your legal options and advice that will be in your best interest.