Divorce in Thailand
It seemed to be unrealistic for non-Thai citizens, like Australians, to elect for a divorce in the Kingdom. Yet, realistically speaking, foreigners may have their marriage dissolved in Thailand provided that they are qualified per allowable circumstances. However, they need to make sure that their divorce in the Kingdom is also enforceable in their home country.
Foreigners may choose to divorce in Thailand provided that a request for a Thai court to assume jurisdiction of their divorce proceedings is granted but nonetheless, they have to satisfy the following considerations:
- A party to the marriage is a Thai national or;
- A party or both parties have worked or resided in Thailand for some time already.
It must be clear, however, only the Contested type of divorce that a divorcing Australian individual or couple can choose to have in Thailand as the Uncontested divorce requires such marriage to be registered in the Kingdom.
As required by a contested divorce, a ground for such must be established by the aggrieved party to seek a court to assume jurisdiction over the divorce proceedings. It is also the aggrieved party who has the right to file for the case against the other party.
Upon filing of the case, the aggrieved party may be allowed to be represented by a legally appointed lawyer and personal appearance may not be required yet. But, the same cannot be said when the case is in motion as the aggrieved party is required to appear before the court to deliver her testimony against her husband.
It is also important to mention that the divorce process is not yet complete even if the court has reached a decision granting such petition. When both parties are provided with their copies of the divorce decree, only then a party or both parties can declare their marriage to be dissolved.
The Australian national will have to translate her copy of the certificate then have this notarized at the Ministry of Foreign Affairs of Thailand.