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Divorce Between Two Foreigners in Thailand

Transcript of the above video:

As the title of this video suggests, we are discussing divorce between two foreigners in the Kingdom of Thailand.

This can be a nettlesome topic. I have seen folks, they have come to us over the years asking for advice and opinions regarding their situation with respect to divorce. Where two foreigners, especially where they weren't married in Thailand, this can be really a sticky wicket. It may be possible that it might not even be possible to get divorced in Thailand depending on the circumstances. 

Long story short and to be clear I am not a Thai Attorney. This video has been vetted by Thai attorneys on our staff it just so they see I am not talking totally wildly out of context. I am an American Attorney. I hold a doctorate of law from the United States. I am a naturalized citizen but definitely speaking no I am not an attorney. I don't actually practice Thai divorce law. We have attorneys here in our firm that do assist with that directly and appear in court here in Thailand. Yeah, the courts generally take a “totality of the circumstances” approach when looking at divorces between two foreigners here in the Kingdom. There are certain circumstances where we have seen it be possible to effect a divorce here. There are circumstances where it was either as close to impossible as it could be or totally impossible. Sometimes it was possible to go ahead and see that case through and ultimately gain a dissolution of marriage, oftentimes to the satisfaction of both parties. 

Thailand definitely takes a very insular approach with their legal system. They are not looking to import cases and they are definitely, in much the same way that their conflict of law statutes are sort of unitary in nature, it is like if it didn't occur in Thailand or doesn't pertain to Thailand the Courts are not overly concerned with such matters. That said, there are extenuating circumstances where the Courts can be concerned with such matters. So it is probably a good idea to contact a legal professional to gain some insight and guidance into how best to proceed if you find yourself in a situation where you are in Thailand and you and your spouse, both presumably foreigners, are looking to get divorced.