Ending your marriage in Thailand can be difficult. As long as you are married in Thailand and both parties agree to the divorce, the process will be quite simple. All you need to do is go to any District Office and file for a divorce. Both parties should go together, and present both copies of your marriage certificate, passport and Thai national ID card.
Ending your Marriage in Thailand
If you are married and your spouse does not condone to a divorce in Thailand, you will need to obtain a judgement from a Thai court. You cannot remarry until the marriage has been annulled and you should be present in the Thai court. You have to appear at the final hearing, though your lawyer can act with your power of attorney on your behalf to undergo the preliminary hearings. It is not allowed to have someone with a power of attorney to act for you at the final hearing. If you are married in Thailand, you should get divorced in Thailand.
All marital property shall be divided equally every time a couple divorces in Thailand, while personal property remains owned by the individual. Marital properties are those assets acquired during marriage by means of gifts, purchases or inheritance. Personal property is anything acquired prior to the marriage, such as a house, tools, equipment and any other possessions. The proceedings are simple if both parties agree on the divorce and other settlements.
Both parties are held accountable for debts acquired from household affairs, education and medical bills. Prenuptial agreements must be tendered at the marriage registration for it to be effective, and should be signed by both parties and at least two witnesses. One can have a legal prenuptial agreement wherein all properties are subject to foreign laws, as most of these agreements are between foreign nationals and Thais.
If only one party is employed, property shall be divided equally. Even if the wife only stays at home and takes care of the children, she has the right to half regardless if she is receiving any payment or not. The parents divorcing can also agree on who should pay for the child’s education and daily maintenance. If an agreement seems impossible, the court will rule and decide on living allowances based on the grantor and status of the recipient.