Transcript of the above video:

As the title of this video suggests, we are discussing "No Fault" divorce in Thailand. For those who are unaware, in the Common Law system there is this notion of "fault" divorce and "no fault" divorce. What are we talking about with respect to "fault" divorce and "no fault" divorce? Well it's kind of exactly what the name would seem to imply.

When you are dealing with a "fault divorce" it's a divorce system wherein some level of kind of blame is ascribed to one or sometimes both of the parties associated with the underlying divorce. The policy thinking behind this was back about 100 years ago, marriage was an institution that needed to be preserved so cause needed to be shown why a dissolution could happen; it was very different way of thinking from a policy standpoint with respect to the issue of marriage. But long story short and the thing to take away from this video is "no fault" divorce is pretty common in the Western countries now. In many jurisdictions in the United States this notion of "fault divorce" is pretty prevalent. Now you have still got to go through the motions, you have got to file with the Court and show cause, not so much show cause but basically make it clear that a dissolution is sought, there are some proceedings. Depending on the jurisdiction sometimes it is very straightforward if not darned near easy. In some jurisdictions there's a little bit more formality associated with it but long story short "no fault" divorce is pretty straightforward. 

The question is "Does Thailand have "no fault" divorce?" In a very real sense, one, you can't really do an apples to apples comparison between Common Law jurisdictions including the US and Thailand. Thailand does not utilize a Common Law system, it is a Civil Law country. On top of that Thailand has its own kind of twist on everything; it's very unique; Thailand was never colonized and for that reason, the legal system here in Thailand is unique to Thailand, it's Thailand specific and there are just certain things in it that are unique to this place. Back to the point at hand, again not an apples to apples comparison. Thailand uses a Civil Registrar system when both creating and dissolving marriages. Basically, if two parties go to the Civil Registrar Office and sign a piece of paper, as long as they are identities are proven up, they sign a piece of paper that says "hey we want to be married", they are married, that is basically it. The same thing happens and they both consensually show up at the same office and sign a document that says they are divorced, they are divorced, that is just it. That is just over and done with.

Now where does that leave us with respect to the notion of "fault", "no fault" divorce? If one's spouse and oneself agrees to the divorce it is even easier than “no fault” divorce in for example an American context, because there is no need to go through any kind of Court proceedings or anything. You just go to this Government Office, usually takes morning or an afternoon, sign a piece of paper, boom you're divorced. That being said, if it's a situation where there isn't consensus, there isn't a level of agreement between the spouses, now you are over into court and I hesitate again to make an apples to apples comparison but the Thai Court system with respect to divorce in a situation where there is not mutual consent, yeah you are looking at a situation that is much more like the "fault" divorce system as opposed to the "no fault" divorce system.

So in a sense I made these two sort of sister videos, one on "fault" divorce in Thailand and one on "no fault" divorce in Thailand because in a very real sense, it is kind of both. Depending on how you go through the process, you could end up with a "no fault" divorce in Thailand in the sense that it's pretty easy, it's pretty painless. In fact it's easier than a "no fault" divorce in many ways in Western jurisdictions. At the same time, if there is a lot of rancor in the overall marriage, in the overall relationship or there is a lot of dispute with respect to finances, family finances, the marital estate, you could end up in a situation when you are in protracted litigation, which again I hesitate to make this analogy like right on the nose because I don't think it really is, but it's not too far off from a notion of "fault" divorce in the Common Law context especially coming from the United States.