Uncontested Divorce by Family Court in Thailand

For the Divorce method in Thailand, we have the channel for Uncontested Divorce by Family Court as well.

You may read this article from start to the end to understand and implement this method for your case.

 

“This article is written by me Mr.Jirasak Taosi who experienced as lawyer for the foreigner since 2003 without using AI generated the content”

Divorce in Thailand in bird eye view

Let zoom out the process for divorce in Thailand.

Generally, we have Contested Divorce and Uncontested Divorce.

For the Contested Divorce means you or your spouse filling and challenging the divorce and other consequences request to a Juvenile and Family Court (hereinafter, we will use only wording “Family Court”).

And for the Uncontested Divorce means both parties agreed or maybe about to agreed for divorce.

Then at the end of Uncontested Divorce, both parties mutual sign the Divorce Agreement at District Office (Ampure) or Settlement Agreement at Family Court without court examination/cross-examination procedure.

For this article, we will talk about Uncontested Divorce by Family Court in Thailand only.

Before jump to Uncontested Divorce by Thai Family Court, you may read information on Divorce in Thailand in general first: Divorce in Thailand.

Why you need the Uncontested Divorce by Family Court.

Here is the reason that we recommend our client to use Uncontested Divorce by Family Court for dissolution their marriage.

1. Both parties is a foreigners and the children is also the foreigner and registered marriage outside Thailand. But there are domiciled in Thailand.

Yes, as no one is Thai and the marriage has not registered in Thailand. It means in Thai government database never has family status record.

So, even both parties agreed to divorce, they cannot go to the district office for register divorce. Because it none of their record in the system.

They need to filling Uncontested Divorce to Family Court and processing for divorce and other consequences request.

2. One Party is a Thai and domiciled in Thailand and other party is a foreigner who living outside Thailand and doesn’t want to come to Thailand for divorce process.

As the mutual divorced by registration at District Office required both parties appear in person and the District Office is not accepted Power of Attorney for registration divorced. If one party not come, it cannot register at District Office.

The solution is the foreigner wish to not come can authorized us via Power of Attorney with certified by Notary Public.

Then we can representing to prepare and Filling Petition to the Family Court and proceeding for divorce.

3. Both parties cannot mutual agreed for divorce yet, but it may possible to agreed if they have mediator as a middle man to compromise between both of them to find the best solution instead of proceeding as Contested Divorce.

If you are in some of these situations, we suggest you proceed with Uncontested Divorce by filling to Family Court first.
Even we are lawyer, we still believe that the best way to solve Family problem is talking with understanding. And each party should backward some step in order to start new life instead of lose energy at Court.

How to filling Uncontested Divorce by Family Court

Once you think to proceed, here is the overall process will be implement.

1. Consult with the lawyer to review your situation how to write the Petition and also review the evidence to support your case.

Please note that it is not always that the Family Court will accept your case.

The lawyer need to write Petition follow with the law.

So, you need to talk with your lawyer first.

2. Sign the Power of Attorney to authorized lawyer to filling the case.

Only one party need to sign Power of Attorney.

3. Lawyer prepare the Petition and supporting evidence.

Once the lawyer prepared, they should translate the Petition into English and send to both partied review first.

4. Lawyer filling Petition to the Family Court.

Please note that the Uncontested Divorce is no court fee even your case has a lot of marriage property that need to be discussed.

Unlike Contested Divorce that you need to pay for the court fee 2% of claim amount.

Once filling, the court will provide the schedule for the date of mediation at Family Court.

Normally, it will wait around 30days.

5. Go to Department of Juvenile and Observation Protection for interview.

In case your case has a minor child, both parties need to interview by Department of Juvenile and Observation Protection.

This is required by law.

6. Go to court on the date that schedule.

This day, the court will appoint Mediator to talk with both of you.

The process will take around 3-4 hours.

If both parties cannot agreed, the court will provide report that both parties unable to agree. So, you can considered to proceed for Contested Divorce.

If both parties can agreed, the court will prepare “Settlement Agreement” in court format and let both parties sign.

Then the court clerk and mediator will report to the judge.

Then the judge will review the “Settlement Agreement” again to ensure that it will not contrary to the law or moral.

Then the judge will read the verdict of divorce to both parties.

After this day, we need to wait for 30 days as required by law.

7. The lawyer will come to the court for duplicate 3 documents that are the Settlement Agreement, Court Order for Divorce, and Certificate of Final.

All documents will affixed by court seal together with the signature of Officer of Family Court.

8. The lawyer will translate all documents into English and legalized by Thai Ministry of Foreign Affairs.

And it now finished work of the lawyer.

Please note that in case you need to use these documents at your home country for recognized of divorce when you go back to your country, you need to bring the above legalized documents to your Embassy in Thailand to certified first.  

Conclusion

For the Uncontested Divorce by Family Court, it is a difference process of Uncontested Divorce that register at District Office.

Because it has some reason that you cannot proceed easily by register Divorce at District Office.

So, you can consider to use this option.

At Siam Attorney, we are specialize in divorce and family law matters.

We practicing with the Family Court around Thailand every weeks.

We are advised the client base on realistic process, not only read a book and answer.

In short, we are here to help.