Divorce Agreement Requirements in Thailand
December 13, 2022
Many marriages end in divorce, however, in our experience the couples often do succeed in settling their matters reasonably and without a legal dispute.
Such an unconsented divorce, also called administrative divorce, is conducted through mutual statements of consent by the spouses at the local district office. It is relatively easy to register and formalize in Thailand as it does not require a reason for the divorce. It often involves a written agreement that sets forth the terms of the settlement between the spouses.
What are the requirements of a divorce agreement in Thailand?
- There must not be any disagreement between the spouses on any matter, including child custody, property, etc.
- Both spouses have to attend the district office for the divorce registration personally.
- Since the divorce registration takes place in a district office in Thailand, both parties must be present in person to sign and attest to the divorce registration.
*Lawyers cannot act on your behalf of the spouses for this kind of divorce even by a power of attorney.
- There should be at least two witnesses to sign the divorce agreement.
- There is no requirement that the two witnesses be present at the same time; however, they must acknowledge who and what document they are signing for (Supreme Court No. 417/2494).
- If some witnesses acknowledge the divorce agreement but only one witness signed for it, it shall be deemed that such divorce agreement is neither valid nor enforceable (Supreme Court No. 1639/2522).
- Even if both spouses have entered into a divorce agreement with two witnesses, it will not take effect as completed if it is not registered at the district office (Supreme Court No. 215/2519).
In this regard, witnesses can be Thai or foreigners but must be adults 20 years of age or older with a sound of mind and have never been bankrupt.
Upon completion of the divorce agreement, it shall be registered at a district office with two witnesses in accordance with Section 1515 of the Thai Civil and Commercial Code. If both spouses signed the divorce agreement, but one party does not register at the office, the other party shall have the right to request a court’s order to that effect (Supreme Court No. 1291/2500).
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Fabian Doppler
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Fabian, a founding partner of FRANK Legal & Tax, is a German-trained lawyer with expertise in corporate/commercial, real estate law, and litigation, and has been practicing law in Thailand since 2005.
