What if my spouse does not consent to a divorce?

If your wife or husband will not agree to a divorce then you need to file with the courts for a divorce "for cause". In order to proceed with a divorce in this instance you will need to assert grounds for divorce and you must make a personal appearance in court. In Thailand grounds for divorce generally include:

* A 3 year period of separation
* One spouse has deserted the other for over one year
* The husband has taken another woman as his wife
* The wife has committed adultery
* One spouse is guilty of misconduct (criminal or otherwise)
* One spouse has been imprisoned for more than one year
* One spouse has physically or mentally harmed the other
* Lack of marital support
* One spouse has had incurable insanity for at least 3 years
* One spouse has broken the bond of good behavior
* One spouse has an incurable communicable disease
* One spouse has a physical disability so as to be unable to cohabitate as husband and wife.

What if either my spouse or I is living overseas?

If the divorce is uncontested both parties will need to appear at the Amphur office to register the divorce. If you are married and your spouse does not agree to a Thailand divorce then you will need to obtain a judgment from the Court. If you are living abroad, a lawyer can file a divorce claim on your behalf. However, you must appear in person when the divorce claim is heard by the court.

If your spouse is not present or will not return to Thailand to contest the divorce, you may still be able to proceed provided that he or she has been given adequate notice of the divorce action. Service must be applied through a Thai court if your spouse is not in Thailand and substitute service, (such as by publication) may be allowed in certain circumstances. If your spouse does not respond to service from the court the divorce case may precede based on default.

How is property and outstanding debts divided in the event of divorce?

Thailand is a "Community Property" jurisdiction. When a couple divorces in Thailand, separate property (sin suan tua), namely assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are generally considered community property with both spouses having an ownership right. The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.

Debts incurred during the marriage, whether they are household, medical, or educational, are in general the responsibility of both parties.

What if I have a prenuptial agreement?

Prenuptial agreements are allowed in Thailand provided they meet the procedural requirements of Thai law. A properly executed prenuptial agreement is generally considered a valid legal agreement in other various jurisdictions. In order for a prenuptial agreement to be valid in regard to a marriage registered in Thailand it had to have been signed by both parties, as well as two witnesses, and must have been previously submitted to the local district office.