Divorce - Thai & Foreigner

Procedures of Application

Divorce by consent

Spouse should be made by both parties concerned to the Provincial Administration Office

 

Divorce by the court

One party should be filed the indictment to The Court and then when the Court complete the Sentence

That party should be bring it to the Provincial Administration Officefor for registration

 

How do foreign spouses apply for registration of divorce?

Authorized Authority : Department of Provincial Administration

Basis of Laws/Regulations :  Article 1516 of Thai civil and Commercial Code 

 

Ground For Divorce In Thailand Following Thai civil and Commercial Code Article 1516

1 A 3 years period of separation

2 One spouse has deserted the other for over one year

3 The husband has taken another woman as his wife

4 The wife has committed adultery

5 One spouse is guilty of misconduct (criminal or otherwise)

6 One spouse has physically or mentally harmed the other

7 Lack of Maintenance and Support

8 One spouse has had incurable insanity for at least 3 years

9 One spouse has broken the bond of good behavior

10 One spouse has an incurable, communicable and dangerous disease

11 One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife.

 

Required Documents: All Translate to Thai

» Household Registration of the Provincial Administration Office

» Marriage Certificate

» Passport

» Divorce agreement (if required)

» Birth Certificate (If required)

» asset document (If required)

 

The effective date of divorce will be the day on which the registration of divorce is completed in the Provincial Administration Office.

 

Court Charge

200 Bath for Divorce and Custody

2% of asset value

 

Processing time

3 months - 1 year

 

The Thailand Civil and Commercial Code

CHAPTER VI

TERMINATION OF MARRIAGE

Section 1516. Grounds of action for divorce are as follows:

(1) One spouse has given maintenance to or honored another person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;

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

   (a) To be seriously ashamed;

   (b) To be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or

   (c) 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;

   (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.

 

Section 1517. No action for divorce may be instituted by the husband or wife, as the case may be if such spouse has consented to or connived at the acts under Section 1516 (1) and (2) upon which the action for divorce is based.

   If the ground of action for divorce under Section 1516 (10) has resulted from the act of the other spouse, the action for divorce based upon such ground may not be instituted by such other spouse.

   Where the action for divorce based upon the ground under section 1516 (8) has been instituted, the Court may not pronounce judgment to effect the divorce if the behavior of the husband or wife that causes the bond to have been executed is a minor cause or of no importance in relation to peaceful cohabitation as husband and wife.

 

ACT TO CONFLICT OF LAW B.E.2481

DIVISION V

FAMILY

Section 27. Divorce cannot be granted by a Siamese Court unless it is permitted by the respective law of nationality of each spouse.

   The grounds for divorce are governed by the law of the place where the action is instituted.

 

Additional Advic from Lawyers

Must be referred to the law of the nationality law, which the law allows divorce.

 

Attorney Fees for Divorce Case
No	Type	Fees(Baht)
1	Only Divorce case	40,000
2	Divorce, Custody and asset	60,000

 

Note : This rate is only applicable to jurisdictions in Bangkok and its vicinity. Chiang Mai Province

Apart from that The cost of travel is 5 baht per Km.