Divorce in Thailand is a legal process that dissolves a marriage, allowing both spouses to move on separately. Thai law recognizes two types of divorce:
1️⃣ Uncontested Divorce (Mutual Divorce) – A simple process when both spouses agree to separate.
2️⃣ Contested Divorce (Court Divorce) – When one spouse does not agree, or there are disputes over child custody Thailand, property division, or alimony.
Whether you are a Thai national or a foreigner married to a Thai citizen, understanding the divorce process, requirements, and legal implications is essential. This guide will cover everything you need to know about filing for divorce in Thailand.
1. Types of Divorce in Thailand
1.1 Uncontested Divorce (Mutual Divorce) – Registering at the District Office
✅ Requirements:
✔ Both spouses agree to divorce.
✔ The marriage was registered in Thailand.
✔ No major disputes over child custody, property, or financial matters.
✅ Process:
1️⃣ Both spouses go to the District Office (Amphur/Khet) where the marriage was registered.
2️⃣ Submit marriage documents and a signed divorce agreement (if applicable).
3️⃣ The officials review the case and approve the divorce registration.
4️⃣ Divorce is finalized immediately, and both parties receive divorce certificates.
💡 Example: A Thai husband and wife agree to separate. They visit their local Amphur, sign the necessary documents, and receive their divorce certificate on the same day.
1.2 Contested Divorce (Court Divorce)
A contested divorce happens when:
❌ One spouse does not agree to the divorce.
❌ There are disputes over child custody, alimony, or property division.
❌ The marriage was not registered in Thailand, making an administrative divorce impossible.
✅ Process:
1️⃣ One spouse files a divorce petition in the Thai Family Court.
2️⃣ A court summons is sent to the other spouse.
3️⃣ Both parties present evidence and testimony.
4️⃣ The judge reviews the case and makes a ruling.
5️⃣ If the court grants the divorce, the final judgment is issued.
💡 Example: A Thai wife wants a divorce, but her foreign husband refuses. She files a contested divorce case in the Family Court and presents evidence of abandonment.
2. Grounds for Contested Divorce in Thailand
Under the Thai Civil and Commercial Code, the following reasons can justify a contested divorce:
✔ Adultery – If one spouse has an affair, the other can file for divorce.
✔ Desertion – If one spouse abandons the other for over one year.
✔ Failure to Provide Support – If a spouse does not financially support the family.
✔ Physical or Mental Abuse – If one spouse causes serious harm or endangers the other.
✔ Severe Misconduct – If a spouse commits criminal acts or disgraceful behavior.
✔ Long-Term Separation – If the spouses have lived apart for more than three years.
✔ Imprisonment – If one spouse is sentenced to over one year in prison.
💡 Example: A Thai woman files for divorce because her husband has been in prison for two years, which meets the legal ground for imprisonment.
3. Filing a Contested Divorce in Thailand
3.1 Where to File a Divorce Case?
✔ Family Court in Thailand – If at least one spouse is living in Thailand.
✔ Foreign Courts – If both spouses live abroad, they may divorce in their country’s court.
3.2 Steps for Filing a Contested Divorce in Thailand
1️⃣ Hire a Lawyer – A Thai family lawyer helps prepare documents and present evidence.
2️⃣ File a Divorce Petition – Submit the case to the Family Court with grounds for divorce.
3️⃣ Attend Mediation – The court may recommend mediation to settle disputes.
4️⃣ Court Hearings – Both spouses present arguments and evidence.
5️⃣ Judge’s Decision – The court grants or denies the divorce based on the case details.
6️⃣ Final Judgment Issued – If granted, the divorce is legally binding.
💡 Tip: A contested divorce can take months or years to complete if there are property disputes or child custody battles.
4. Division of Property and Assets in Divorce
Thailand follows the Community Property System, meaning:
✔ Marital Property (Sin Somros) – Assets acquired during marriage are divided equally.
✔ Personal Property (Sin Suan Tua) – Assets owned before marriage remain with the original owner.
💡 Example: If a Thai couple bought a house together during their marriage, they split ownership after divorce.
Foreigners and Property Division
- Foreigners cannot own land in Thailand, but they can claim a share of marital assets (e.g., condominium units, business investments).
- If a prenuptial agreement exists, the division follows the terms agreed upon before marriage.
5. Child Custody and Support After Divorce
5.1 Who Gets Custody?
✔ Mutual Agreement – If both parents agree, they can co-parent or choose a primary guardian.
✔ Court Decision – If parents disagree, the court decides based on the child’s best interests.
💡 Key Factors Considered:
✔ Financial ability of each parent.
✔ Parental bond with the child.
✔ Child’s well-being and education needs.
5.2 Child Support Laws in Thailand
- The non-custodial parent must pay child support.
- Support covers education, healthcare, food, and daily expenses.
- If a parent refuses to pay, the custodial parent can file a lawsuit.
💡 Example: A Thai mother is granted sole custody, and the foreign father must pay monthly child support until the child reaches 20 years old.
6. Alimony (Spousal Support) in Thailand
Alimony is not automatic but may be granted if one spouse is financially dependent. The court considers:
✔ The length of the marriage.
✔ The financial condition of both spouses.
✔ The contribution of each spouse to the marriage.
💡 Example: A Thai wife supported her husband’s business for 10 years. After divorce, the court orders the husband to pay alimony.
7. Special Considerations for Foreigners
7.1 Can Foreigners File for Divorce in Thailand?
✔ Yes, if they were married in Thailand or at least one spouse lives in Thailand.
7.2 Recognizing Thai Divorces in Other Countries
✔ Some countries require official translation and legalization of the Thai divorce certificate.
✔ Check local laws to ensure the divorce is recognized internationally.
💡 Example: A British man divorces his Thai wife in Bangkok. He must legalize the divorce papers before submitting them to the UK government.
8. Conclusion
Filing for divorce in Thailand can be a simple or complex process depending on whether it is mutual or contested. Understanding the legal steps, division of assets, child custody rules, and alimony laws is essential to protect your rights.
✔ Key Takeaways:
- Mutual Divorce is quick and easy if both spouses agree.
- Contested Divorce requires a court case and proof of legal grounds.
- Property is divided equally, and foreigners may face restrictions.
- Child custody and support follow Thai Family Law.
- Alimony is not automatic but may be granted based on financial need.
