The uncontested divorce is rather quick and uncomplicated which makes it the preferred type of divorce in Thailand. It is also less financially demanding and emotionally draining as it does not need a court’s decision to grant a divorce basing on their individual testimonies and evidences against one another.
Unlike the contested divorce in which couples may elect the court to severe their marriage even if they are not Thai nationals and are only in Thailand as residents or for work, an uncontested divorce requires that the couple’s marriage have been registered in Thailand in order to qualify.
How it is done?
The divorcing couple needs to be personally present at the Amphur where they have the intent to register their divorce. The officer in charge will then ask the couple about the reasons behind the decision to end their marriage to make sure that the agreement has been reached without intimidation from one party to the other.
Years ago, the divorcing couple needs to file their divorce at the same Amphur where they have had their marriage registered. Recently, this has not been the case as the divorce can already be done at another Amphur.
Should the divorcing couple present documents at the Amphur?
Yes, and it depends on whether the divorce will be done at the same Amphur where the couple registered their marriage or not.
If the divorce is being done on “the same” Amphur where the marriage was registered the couple needs to provide the office with the following:
- Thai national
- Marriage Certificate
- Thai National ID
- House Registration Certificate (Ta bien ban)
- Foreign national
- Marriage Certificate
- Passport
If the divorce is being done on “another” Amphur and not on where the marriage was registered:
- Thai national
- Marriage Certificate
- Thai National ID
- Home Registration Certificate (Ta bien ban)
- Foreign national
- Marriage Certificate
- Passport
- Legalized copy of the passport
If the officer is satisfied with the reasons behind the uncontested divorce and grants the request, the Amphur will then issue the couple with copies of the divorce certificates and since this certificate is an official Thai document, it will be written in Thai. This means the foreign national will need to have this translated into English and have it notarized at the Thai Ministry of Foreign Affairs.
The foreign national will then need to have the divorce reported and registered at his/her respective embassy or consulate.
On the part of the Thai national, he/she will need to have it registered at the same Amphur where his/her birth was registered.
Additionally, if the divorcee is a Thai woman, she will have to use her maiden name once again and this will also mean she must have her National ID and her passport amended to her maiden name.
Important Points to Consider
If in case the divorcing couple has issues with child custody, they may still be able to sever their marriage through an uncontested divorce. They only need to put their agreement on child custody in writing and should be signed by them plus two (2) witnesses. The said agreement will then be registered along with the divorce.
A Thai divorce lawyer may come in handy in guiding the couple their rights as individuals after the granting of the divorce.
If a party is a foreign national then he/she needs to seek the advice of a divorce attorney in Thailand or in his home country to ascertain whether his/her country or state recognizes registered divorces done in the Kingdom.