Do you known which divorce documents in Thailand are needed? The divorce process in Thailand will depend on the type of divorce you are going to be going through. The Divorce by consent is much cheaper, faster and easier then a divorce by litigation. You would require the following documents for a divorce in Thailand irrespective of the process:
Divorce Documents in Thailand
- A copy of your prenuptial agreement or the original;
- A copy of the divorce agreement or original; (divorce by consent);
- Your passport;
- A copy of your marriage certificate or the original;
- Also a copy of your wife’s Tabian Baan;
- A copy of your children birth certificate or originals;
- As well as a copy of your rental agreement or property deed;
- A copy of any usufruct if you have one or the original.
These would be the usual documents needed during a divorce in Thailand. If it is an unopposed divorce then you will have to speak to a family lawyer in Thailand to draft a proper divorce agreement between yourself and your wife. This will then be filed with the district office in Thailand where you got married.
If it is litigation then your attorney has to make the needed filing with court. Depending on the grounds of divorce they might need to file a claim for damages or an application to have your spouse declared insane. This will be placed on the court roll after the needed documents had been served. You would normally only need to appear once in court when the process starts. Should the court require your presence then you will be notified of this.
Common Disputes in a Divorce
The most common disputes in Thailand with a divorce going through litigation tends to be about property or child custody and maintenance. Based on newspaper reports in Thailand most expats tend to have the following problems in Thailand with divorce:
- Custody of the children;
- Ownership of the property;
- Property bought in the name of your spouse;
- Children travelling overseas.
Some of the headlines for divorce in Thailand makes for horrific reading when you consider that these cases have been in the divorce courts or custody battles in the courts in Thailand.
- Gruesome accounts of Thai wives who kill for money (Ajarn : January 2014)
- British pensioner clubbed to death in latest Thai wife killing (The Guardian: June 2010)
- Bar girl and the expat: a Thailand killing foretold (The Guardian: August 2008)
- Thai wife arrested for murder of British husband (The Telegraph : August 2010)
- Expat’s Thai wife ‘used his cash to have him killed’ (The Express : October 2012)
Always take into account the cost of the divorce and what you are going to be litigating about. There is no point in going to court over the ownership of a car with a value of 500,000THB and spend 70,000THB on a divorce litigating about it. Speak to a divorce lawyer in Thailand for sound legal advice and guidance.