Marriage is a legally binding agreement between two partners that allows them to join their lives, responsibilities, and finances as a couple. But what if a marriage just isn’t working out and one or both spouses want out of the arrangement? Under Thai law, a marriage officially ends with the death of one of the spouses, or through divorce, the legal dissolution of the marriage bond.

Thailand and divorce

Early Thai literature shows that in Thailand’s Buddhist society, women had the right to divorce husbands who abused or committed adultery. In 2002, more than 1 divorce occurred for every 1,000 people in the country, a rate of about 6,500 divorces per year reflecting the greater economic power and mobility of women in modern Thai culture. However, according to a recent article by Chiang Mai University law professor Somchai Preechasinlapakun, women still tend to end up raising children alone with little support from their ex-husbands. This is in stark contrast to many Western countries where parents can often fight viciously over custody of their children.

Another phenomenon in Thailand is intermarriage between Thais and foreigners. Most of these marriages are between Thai women and foreign men, and according to some online estimates, up to 50% of such first marriages end in divorce. Explanations include different cultural expectations and communication difficulties. However, if one follows the forums and web posts, there is also the suggestion that some of these marriages are based on the exploitation of foreign financial assets and divorce occurs when this is discovered or when assets are depleted. .

In any case, and for whatever reason, divorce can be a very difficult and painful time for both the divorcing couple and their children and other family members. Higher divorce rates tend to lead to more single-parent families and can negatively affect the happiness and safety of children.

How does a divorce work in Thailand?

As in most jurisdictions, Thailand recognizes a distinction between amicable and contested divorces.

amicable divorce

An amicable divorce is simply one in which both parties agree to end the marriage.

Such divorces are very easy to obtain, as there is essentially no legal conflict between the two parties. To obtain a divorce in Thailand, both parties must go to the local district office (Amphoe) where their marriage was registered and declare their intention to divorce in front of two witnesses. They must sign divorce papers, provide identification and a processing fee, and answer questions about agreed financial support and custody of any children resulting from their marriage.

The entire process is quick and easy, as long as both parties remain friendly and agree to the procedures.

contested divorce

In the event that one of the spouses refuses to accept the divorce, the spouse who wishes to divorce must file an application for divorce in court on one of the following legal grounds.

grounds for divorce

1. The husband has married or supported another woman, or if the woman has committed adultery.

2. One of the partners is guilty of criminal or other misconduct.

3. One of the spouses has physically or psychologically harmed the other.

4. One of the spouses has abandoned the other for a period of 1 year or the couple has lived apart for 3 years.

5. One of the partners has disappeared for 3 years.

6. Maintenance and support have not been provided properly.

7. One of the partners has been incurably insane for 3 years.

8. One of the partners has broken the bond of good conduct.

9. One of the spouses has an incurable communicable disease that can affect the other.

10. One of the spouses has a physical handicap that interferes with living together as husband and wife.

We suggest you refer to section 1516 of the Thai Civil and Commercial Code for a list of grounds under Thai law.

From the list above, it is clear that there is room for interpretation in the grounds for divorce, meaning that the party filing must make a compelling case against the other party. This is often where divorce proceedings can turn ugly and truths get distorted.

It is important to note that:

1.A Thai lawyer must file your divorce in the Thai court
2. Your attorney can act for you at the filing through a power of attorney, however, you must be present in court when your case is heard.
3. to file for divorce, both the plaintiff and the defendant, or both, must be residents of Thailand
4. You cannot remarry until your divorce is officially recorded as final at your district office.

Division of Assets and Debts

Thai law makes a distinction between pre-marital personal property (sin suan tua) and marital property (sin som rot) and maintains that these must be separated in the event of divorce. This means that even without a prenuptial agreement, your pre-marital assets and debts remain yours, while anything you accumulated during the marriage is divided equally between you. However, prenuptial agreements are recognized in Thailand and are mainly used to delineate which assets belong to which parties before the marriage, so that there is clarity in the event of divorce. Premarital agreements can also protect you in the event of a divorce in a foreign jurisdiction. Under Thai law, the management of the property can also be decided in a prenuptial agreement.

Child Custody

In amicable divorces, the spouses can decide for themselves who will take custody of the children, or how to share joint custody. The term “custody” often refers to “powers of the parents” but can also mean “physical custody” of the child. These are different under Thai law. Both parties can have parental authority, that is, decide on the child’s education, religion, and other matters, while only one party can have “physical custody” of the child.

In contested divorces, the courts will decide which parent will retain custody of the children and how child support (child support) will be paid, if any. In some cases, one party will try to have the other declared incompetent as a parent. If it can be shown that the party in question is likely to endanger the child or has committed a serious crime or misdemeanor, then the court may take away that parent’s custody rights.

It is important to work with an attorney to protect your rights as a parent in any contested divorce proceedings, but remember that Thai judges rarely separate a child from a parent. In other words, joint custody will normally be allowed because it is in the child’s best interest to maintain relationships with both parents.

Spousal support (also called “Alimony”)

Legally known as child support, payments from one party to the other can be arranged or ordered by a court. This is usually done in cases where one party will experience a marked decline in material quality of life after a divorce; however, the support need not be permanent. Payment is usually ordered for a fixed period to allow the receiving party to be financially independent and to allow the two parties to fully separate. In Thailand, courts will rarely award alimony to a spouse, but will separate joint property equally between spouses. (50%-50%)

Protect yourself from the risks of divorce

Of course, the best protection against the risks associated with divorce is to make sure you marry a partner you know well and trust completely. However, in the case of cross-cultural marriages, this can be incredibly difficult, especially due to language barriers. One way to avoid this is to research your potential spouse. This may sound off-putting, however, an honest person has nothing to fear and can ask their Thai partner to cooperate with a background investigation on her so that they both have peace of mind before marriage.

A prenuptial agreement, as mentioned above, is another way to safeguard your interests should your marriage fail. In Thailand, prenuptial agreements are largely used to delineate the pre-marriage assets of the two partners and to agree on a jurisdiction in which to follow the law for divorce proceedings should they become necessary.

For property, usufruct agreement, lease agreement or land are common instruments to protect the rights of foreigners living in Thailand. Since foreigners cannot directly own land in Thailand, the land a couple lives on will always be owned by the Thai couple. In case of divorce, a usufruct agreement allows the foreign partner to continue living on the land for the life of the land, or for 30 years with the possibility of renewal.

Divorce is rarely a happy or welcome occasion, however, for some marriages it is the final solution and the only one left to allow both spouses to move on from a failed relationship with their lives. Keeping the dissolution of the relationship amicable makes divorce easy to accomplish and easier on the couples and children involved. However, some marriages end badly and lead to even more messy divorces. If you need to get a divorce in Thailand, make sure you work with a lawyer and know your rights, especially when it comes to child custody, so you can protect your family and finances.