Compared with contested divorce, the uncontested divorce is more preferred in Thailand as it offers a straightforward process with minimal expenses and less animosity between the divorcing couple. Yet, it is not available to anyone as only couples whose marriage are registered in Thailand can choose to severe their marriage through this avenue.
Other Distinctions of the Uncontested Divorce
Divorcing couples may choose not to be represented by their lawyers or family members but they do need to personally appear before the local register as they need to answer inquiries from the officer regarding their decision to end their marriage in order to be sure that both parties have reached the decision to severe their marriage without intimidation and threat and that they have decided accordingly on their own volition.
Presently, couples can choose which amphur will they have their divorce. They can choose an amphur different from where they registered their marriage although additional documents may be required.
Previously, this is not the case as divorcing couples had to do it at the same amphur as where their marriage was registered.
Documents Needed
Documents will be required in order for an uncontested divorce to proceed. However, divorcing in an amphur different from where the marriage had been registered requires different set of documents with that of having it on the same amphur.
The same amphur as where the marriage was registered.
Thai
Marriage Certificate
Thai National ID
House Registration Certificate or Ta bien ban
Foreigner
Marriage Certificate
Passport
The divorce will be done at a different ampur.
Thai
Marriage Certificate
Thai National ID
House Registration Certificate or Ta bien ban
Foreigner
Marriage Certificate
Passport
Legalized (Notarized) Passport Copy
The amphur will issue a divorce certificate if and when the divorce is granted. For foreign individuals, it is possible that they need to have their copies translated to English and the have these notarized at the Thai Ministry of Foreign Affairs. They will then have to report their divorce and their translated and notarized copy of the divorce decrees registered with their home country’s embassy or consulate in Thailand.
Thai individuals need to have their divorce reported at the amphur where the registration of their birth was done. If a divorcee is a Thai woman then she should re-use her maiden name with her National ID and Passport be amended to reflect her maiden name too.
Uncontested Divorce
There may be a chance that the foreigner’s home country does not recognize an administrative form of divorce and this possibility suggests the foreign individual to consult with a lawyer first before making a move for an uncontested divorce. This is needed to ascertain if his home country do or do not recognize a divorce done in Thailand, much more an uncontested divorce.
Even with issues on marital properties and child custodies, an uncontested divorce will still be possible by way of a divorce agreement which should be signed by both parties and by two other witnesses. To be enforceable, this agreement must also be registered at the same time as the divorce.
Yet, a lawyer will still be needed to ensure that the rights are respected when executing such agreement.
