Divorce

Marriage is the solemn act by which a man and a woman enter into a union, the terms, effects and dissolution of which are governed by the Thai Civil and Commercial Code. Marriage can be dissolved by the death of one of the spouses, by divorce or by annulment of the marriage.

Article 1514 of the Thai Civil and Commercial Code provides that separation can only be granted by mutual consent or by judgment of the Court. There are therefore only two types of separation allowed in Thai law.

Divorce by mutual consent, also called administrative or uncontested disunion, is the procedure whereby the spouses agree to separate and settle amicably the effects of the disunion thus including the custody of the children, the amount of the pension food, the distribution of property between the spouses. In this procedure, the judge does not intervene. This is a non-contentious divorce.

Divorce affected by mutual consent must be in writing and certified by the signature of at least two witnesses. Separation will be effective if only its registration is done by husband and wife. Both people must be present to check in. Otherwise, divorce by mutual consent is not valid.

For the divorce to be definitively registered, it is necessary to bring the following documents:

The right to bring a divorce action ends if the spouse who is entitled to it has committed an act showing his forgiveness for the act committed by the other which gave rise to the right to bring the divorce action. Forgiveness thus ends the separation proceedings. This hypothesis is envisaged in article 1518 of the Thai Civil and Commercial Code.

In the event of separation by mutual consent, the spouses must enter into a written agreement to distribute the exercise of parental authority over each of the children between the parents. If the spouses cannot reach an agreement, the judge will decide the issue and issue an order.

In the event of separation by judgment of the Court, the Court hearing the divorce case also orders that parental authority over each of the children belong to one of the parties. If, in this lawsuit, it is considered appropriate to deprive this spouse of parental authority, the Court can make an order depriving this spouse of this authority and designating a third person as guardian, taking into consideration the happiness and the interests of the child.

In the event of a divorce pronounced by judgment of the Court for adultery, the spouse has the right to compensation from the one who committed the adultery. And the victim spouse even has the right to seek compensation from the person who has had relations with his spouse unless he has consented to it.

If the disunion is obtained by mutual agreement, the procedure is quick. If the spouses do not agree, the divorce must be pronounced by the court. The proceedings in Thai courts can take anywhere from six months to a year. The deadline is extended if the decision is contested before the court of appeal.

The price of separation depends on the procedure chosen. Indeed, a simple mutual agreement will be less expensive than the challenge procedure in court. The costs of the proceedings are high since the plaintiff must deposit 2% of the value of his claim as security. Depending on the number of goods you own, the amount of the deposit can quickly be high.

The prenuptial agreement, also known as a marriage contract, is applicable in divorce proceedings if it has been entered into in Thailand in accordance with Thai law and registered with the relevant department. The prenuptial agreement concluded in a foreign country is not applicable to separation proceedings in Thailand. This is the contract prior to marriage, by which the future spouses, with the help of their lawyers, consider all the consequences of the marriage but also the financial and food consequences in the event of the dissolution of their union.

Article 1466 of the Thai Civil and Commercial Code provides that the prenuptial agreement is valid and applicable in divorce proceedings if it meets the following conditions:

Any clause of the prenuptial agreement contrary to public order or morality, or providing that the relations between them with regard to these goods must be governed by a foreign law is void.

Legally, the property will be divided equally between the spouses. They are subject to the regime of the legal community. However, the distribution will be made in accordance with the prenuptial agreement, subject to mandatory legal rules. Indeed, Thai law differentiates between two types of goods, “Sin Suan Tua” and “Sin Somros”.

Sin Suan Tua, also called own property, includes the following:

In this case, each spouse is the manager of his “Sin Suan Tua” and retains ownership of his property after marriage.

The “Sin Somros”, also called the commons, consists of the following goods:

Thailand falls under the community legal regime, which means that any property acquired during marriage is considered shared or communal property, and any property acquired before marriage is not. This law is however subject to some interpretation. After separation, the property of the husband and wife is subject to liquidation. The property owned on the date of registration of the separation or on the date of filing of the divorce in court is subject to liquidation. Common goods “sin somros” are divided equally between men and women (unless otherwise agreed).

Not being a signatory to the Hague Convention on the Recognition of Foreign Judgments, Thailand does not recognize foreign judgments in disunion matters. It is necessary to obtain a judgment pronounced by the Thai courts for the separation to be valid and enforceable in Thailand.