If the couple agreed to divorce they will register their administrative divorce at the district office where they registered their marriage. This is a simple procedure but requires that both spouses attend personally and they cannot be represented by a lawyer.
A lawyer will help ensure that all necessary steps are taken and that the process runs smoothly. They will also provide expert advice on a range of issues including contested divorces.
Uncontested Divorce
Divorce in Thailand can be either contested or uncontested. The former involves going to court and can be lengthy and expensive. The latter is usually less costly, simpler and quicker. A contested divorce is filed when one of the parties does not agree to end the marriage. This type of divorce is typically based on one of the ten grounds allowed by Thai law.
Contested divorce is usually the remedy of couples who are unable to reach an agreement on their own regarding issues such as division of marital property, child custody and visitation rights or alimony. It is also the option for couples whose marriages were not registered in Thailand but who have been living and working in Thailand for a significant amount of time.
A contested divorce is a judicial process and requires a judge to issue a judgment. In order to file for a contested divorce, you will need to meet certain requirements. You will need to have a valid reason or ground for divorce and you will need to have your spouse consent to the divorce.
An uncontested divorce, sometimes called an administrative or mutual-consent divorce, is a divorce where both parties mutually agree to end their marriage. This is not a quick process and you will need to have at least 2 witnesses present when the couple appears before the district office or khet. It is important that you find a lawyer who has experience in international divorce cases.
You will need to submit various documents when you request for an uncontested divorce. These include your marriage certificate, your passports and your proof of residence. You will also need to prepare a marriage-related settlement that details your assets, liabilities and agreements on the matter of children, visitation rights and alimony. This will be submitted to the district office or khet when you request for your divorce.
Normally, an uncontested divorce is granted within 6 months of filing the petition. The registrar will then issue your divorce decree. You will need to have this translated and legalized in order for it to be recognized by your Embassy or consulate in Thailand. You will need to register your divorce with the embassy or consulate in order for it to be recognised abroad.
It is best to hire a qualified lawyer when filing for divorce in Thailand. The lawyer can help you avoid some of the pitfalls that might occur. Your lawyer can also assist you in drafting the divorce settlement agreement and make sure that all of the appropriate documents are filed with the appropriate authorities. Lastly, your lawyer can assist you in the translation and legalization of your divorce decree. Ideally, you should have your divorce certificate translated and legalized before you submit it to your embassy or consulate. This will save you time and hassle in the future. It will also allow you to get your divorce decree quicker. Besides that, it will make the process easier for you since your embassy or consulate will know what you are filing for and they can be more helpful in expediting the processing of your divorce.
