Hello, I’m Barrister Garn. Today, let’s talk about divorce, whether through mutual agreement or legal action. Recently, a woman asked if it’s possible to divorce online without meeting face-to-face, as her husband is living abroad. The answer, according to Thai law, is no. A divorce must be conducted in the presence of a registrar with two witnesses.

Now, if one spouse is living in Thailand and the other, for example, in the US, how can they proceed with a mutual agreement divorce? In such a case, the best advice would be for one party to fly to the other country. The divorce process is quite simple: visit the Thai Embassy in that country, such as the Thai Embassy in the US, and have two Thai witnesses present to complete the divorce registration. This process is legally recognized in Thailand.

Another common question is about living separately. If a husband and wife agree to live apart but still stay in the same house, can the husband file for divorce based on this separation? The answer is no. Separation requires that both parties live in different households. Simply living in the same house but claiming to be separated is not sufficient under the law.

In fact, even if you live together in the same house but lead separate lives, the court requires clear evidence of living apart, which usually means physically living in different homes. For example, if both parties move to separate houses, change their house registration, cease all communication, and stop any financial support, then the separation is evident.

Another clear case for divorce due to mutual separation is if both parties have moved on to new relationships. In such a situation, the facts strongly indicate mutual consent to separate, and this could be used as grounds for divorce.