Of the two types of divorce in Thailand, it is the Uncontested Divorce that allows for couples to terminate their marriage in a fast but efficient manner. This is also the administrative type of divorce in the country.
As much as some couples want to avail of this type of divorce in the Kingdom, not all can freely choose this avenue to end their marriage as it is only available to couples whose marriage had been registered in Thailand.
More about Uncontested Divorce, it does not involve the courts to terminate a couple’s marriage. Another is that it does not even require for each parties to be represented by their own lawyers.
What it does require from the divorcing couple is their personal attendance at the local registrar’s office as the registrar has to make sure that their decision to terminate their marriage is not a result of intimidation from one or both parties. This will be determined by the registrar by personally asking both parties certain questions.
The divorce agreement needs to be signed by both parties plus at least two qualified witnesses and then registered at the amphur.
What are the required documents?
Divorcing couples may now choose which amphur they are going to have their Uncontested Divorce apart from where they registered their marriage.
However, divorcing at the same amphur where the marriage had been registered requires different set of requirements as to divorcing at another amphur.
- Divorcing at the same amphur
Thai National – the Thai national should bring with her their Marriage Certificate, her Thai National ID and the House Registration Certificate (Ta bien ban).
Foreign National – he has to bring with him their Marriage Certificate as well as his Passport.
- Divorcing at another amphur
Thai National – the Thai national must bring the same set of documents as what has been stated when divorcing at the same amphur where her marriage had been registered.
Foreign National – aside from the Marriage Certificate and Passport, the foreign national should also bring with him a legalized (notarized) copy of his Passport.
What will happen next after the divorce has been granted by the amphur?
The marriage becomes officially terminated once the amphur issues both parties with divorce certificates. For the Thai national, she does not really need to have this certificate translated to any other language unless she has to but for the foreign national, he may need to have his copy translated to English and have it notarized at the Thai Ministry of Foreign Affairs to enable him to have his divorce registered at his Embassy or Consulate in Thailand.
And because her marriage has already been terminated, the Thai national (if she is a woman) has to re-adopt and re-use her maiden name. Her name on her Passport and National ID needs to be changed too but regardless of the gender, a Thai divorcee needs to have his/her divorce registered at the same amphur where his/her birth was registered.
The Uncontested Divorce and the Lawyer
While it was stated earlier that hiring a lawyer for an Uncontested Divorce is not a must, for the divorcing couple especially the foreign party, hiring and consulting a lawyer with extensive background in divorce is a good option too as he has to make sure that the type of divorce (the Uncontested/Administrative Divorce) he and his wife are about to take would be recognized in his home country.
Another issues that a divorce lawyer can come handy with are about properties and children.
These issues may be settled by the divorcing couple alone and without the need for a court decision but both parties really need to protect their individual interests and rights thus the lawyers of both parties can make sure that these are respected and protected.
If you are in need of a Thai family lawyer, please see this link.