Divorce is a significant legal and emotional process that dissolves a marital relationship. In Thailand, the legal system provides a clear framework for divorce through either mutual agreement or court proceedings. Whether you are a Thai national or a foreigner married in Thailand, understanding the procedures and options for filing a divorce is crucial to protect your rights and achieve a fair outcome.
This guide covers the types of divorce available in Thailand, the legal requirements, how to initiate a divorce, and important issues such as child custody in Thailand, property division, and alimony.
1. Types of Divorce in Thailand
In Thailand, there are two main types of divorce:
a. Administrative (Uncontested) Divorce
This type of divorce is mutual and takes place at a District Office (Amphur). Both spouses must agree to end the marriage and be present to sign the divorce documents. An administrative divorce is:
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Quick and relatively inexpensive
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Common among couples without disputes over property or children
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Only available if the marriage was registered under Thai law
b. Contested Divorce (Court Divorce)
A court divorce is necessary when:
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One spouse does not agree to the divorce
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There are disputes over assets, children, or support
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The marriage is not registered in Thailand (e.g., a religious or common-law marriage)
This process involves filing a lawsuit and going through court proceedings to resolve the issues before the divorce is granted.
2. Requirements for Divorce in Thailand
Before filing for divorce, the following must be confirmed:
a. Marriage Registration
A legal divorce in Thailand can only occur if the marriage is officially registered. If the couple is only married under religious or traditional customs without registration, a Thai court will not recognize the marriage for divorce purposes.
b. Jurisdiction
The couple can file for divorce in Thailand if:
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The marriage was registered in Thailand
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One of the spouses is a Thai citizen or legally resides in Thailand
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The couple has been living in Thailand for a significant period
Foreigners may be eligible to file for divorce in Thailand under certain conditions, but it’s important to consult a lawyer to verify jurisdiction.
3. Steps to File an Uncontested Divorce
If both spouses agree to the divorce, the process is relatively simple:
Step 1: Visit the District Office (Amphur)
Both parties must appear in person at the local district office where the marriage was registered. Bring the following:
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Marriage certificate
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National ID cards or passports
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Divorce agreement (if applicable), especially when children or property are involved
Step 2: Sign the Divorce Certificate
The officer will review the documents, ensure mutual consent, and then have both parties sign the divorce certificate.
Step 3: Register the Divorce
The divorce becomes official upon registration. The parties will receive a Divorce Certificate (Kor Or 6).
Note: If children are involved, the parties must also agree on custody and submit the agreement for approval by a child welfare officer.
4. Steps to File a Contested Divorce
If mutual agreement is not possible, one spouse may initiate a court divorce by following these steps:
Step 1: Consult a Family Lawyer
A lawyer can help determine grounds for divorce and prepare the case, especially if you are seeking custody or division of assets.
Step 2: File the Complaint
The complaint must be filed at the Thai Family Court with evidence supporting the claim. Common legal grounds include:
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Adultery
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Abuse or serious misconduct
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Desertion for over one year
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Separation for over three years (or one year if both consent)
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Lack of financial support
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Mental incapacity
Step 3: Serve Notice to the Other Party
The court will notify the respondent spouse, who will have an opportunity to respond and contest the claims.
Step 4: Attend Court Hearings
Both parties may be required to attend hearings, present evidence, and negotiate settlement terms.
Step 5: Court Decision and Divorce Decree
If the court grants the divorce, it will issue a Divorce Judgment. The parties must then register the divorce at the district office to finalize it.
5. Important Legal Considerations
a. Child Custody
In both contested and uncontested divorces, custody must be determined. If both parties agree, it can be included in the divorce agreement. Otherwise, the court will decide based on the best interests of the child.
Custody may be:
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Sole Custody: One parent has full legal and physical custody.
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Joint Custody: Both parents share responsibilities, as agreed or ordered by the court.
b. Division of Marital Property
Thailand follows the principle of community property. Assets acquired during the marriage (Sin Somros) are divided equally unless agreed otherwise.
Separate property (Sin Suan Tua), such as assets owned before marriage or received as gifts or inheritance, remains with the original owner.
c. Spousal Support (Alimony)
Alimony may be granted based on financial needs and fault. In contested divorces, the court decides if and how much alimony should be paid.
d. Child Support
The non-custodial parent may be required to pay child support. The amount is determined by the court, based on the child’s needs and the parent’s ability to pay.
6. Divorce for Foreigners in Thailand
Foreign nationals can file for divorce in Thailand if:
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They were married in Thailand
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They meet residency requirements
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They follow the same legal procedures as Thai citizens
Important tips:
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Divorce agreements in Thailand must be translated and legalized if used abroad.
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The divorce should be reported to the foreign spouse’s embassy or home country to update civil records.
7. Cost and Timeline
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Uncontested Divorce: Takes 1–2 days, minimal cost (administrative fees only).
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Contested Divorce: Takes 6 months to over a year, depending on complexity. Legal fees and court costs vary.
Conclusion
Filing for divorce in Thailand involves a well-defined legal process that supports both amicable and contested separations. Whether you’re a Thai or foreign national, understanding the correct procedures, documentation, and legal implications will help you navigate this sensitive life event with confidence.
For complex cases involving children, significant assets, or cross-border issues, consulting a Thai family lawyer is strongly recommended. A properly handled divorce ensures fairness, protects your rights, and helps you move forward with clarity and peace of mind.
