Steps in Filing of Divorce in Thailand

Divorce is the legal process of dissolving a marriage, and like in many countries, it can be emotionally challenging and legally complex in Thailand. While the Thai Civil and Commercial Code (CCC) provides clear grounds and procedures, the actual steps depend on whether both spouses agree to divorce or one party contests it. Understanding the process is essential for protecting legal rights, ensuring fair settlements, and avoiding unnecessary delays.

This article explains the types of divorce in Thailand, the legal grounds, and a detailed step-by-step guide to filing for divorce.

Types of Divorce in Thailand

Divorce in Thailand can generally be categorized into two types:

1. Uncontested Divorce (Administrative Divorce)

   • Both spouses mutually agree to end their marriage.

   • The divorce is registered at the local District Office (Amphur or Khet) where the marriage was originally recorded or where either spouse resides.

   • This is the faster and simpler method, provided both agree on child custody, division of property, and other issues.

2. Contested Divorce (Judicial Divorce)

   • One spouse files a lawsuit in court, citing legal grounds for divorce under the Thai Civil and Commercial Code.

   • This process is necessary if the parties cannot agree or if one party refuses to consent.

   • The court will decide on issues like custody, spousal support, child support, and property division.

Legal Grounds for Divorce in Thailand

According to Sections 1516–1524 of the CCC, a spouse can file for divorce on several grounds, including:

• Adultery or infidelity.

• Misconduct such as abuse, desertion, or serious insult.

• Desertion for more than one year.

• One spouse has been imprisoned for more than one year.

• Living apart for at least three years.

• One spouse has disappeared for more than three years.

• Failure to provide proper maintenance and support.

• Serious illness making marital life intolerable.

These grounds are relevant mainly in contested divorce proceedings.

Step-by-Step Guide: Filing for Divorce in Thailand

Step 1: Determine the Type of Divorce

• If both parties agree, an administrative divorce at the District Office is the easiest option.

• If one party refuses or there are disputes over children, property, or support, a judicial divorce through the court system is required.

Step 2: Collect Required Documents

For both uncontested and contested divorces, essential documents typically include:

• Original Marriage Certificate (Kor Ror 3).

• Copy of the Marriage Registration Certificate (Kor Ror 2).

• National ID cards or passports of both spouses.

• House Registration Book (Tabien Baan) if applicable.

• For contested divorce: evidence supporting grounds (e.g., proof of adultery, desertion, or abuse).

Foreign spouses may also need certified translations of documents, legalized at the Ministry of Foreign Affairs.

Step 3: Filing an Uncontested (Administrative) Divorce

If both spouses agree:

1. Visit the District Office where the marriage was registered or where either spouse resides.

2. Submit documents including marriage certificates and identification.

3. Declare mutual consent to divorce before the registrar.

4. Record the divorce in the official register.

5. Obtain Divorce Certificate (Kor Ror 7) as proof of the divorce.

👉 Important: Spouses must also register agreements on:

• Division of marital property.

• Child custody and parental power.

• Child support or spousal maintenance.

These agreements can be drafted in advance and submitted during registration. Without written agreements, disputes may arise later.

Step 4: Filing a Contested (Judicial) Divorce

If one party does not consent:

1. Engage a lawyer – Filing for divorce in court requires legal representation, especially for foreigners.

2. File a Divorce Complaint – The petition must state the grounds for divorce and requests regarding property, child custody, and support.

3. Court Summons – The court issues a summons to the other spouse to appear in court.

4. Court Hearings – Both parties present evidence and witnesses. The court considers:

   • Validity of divorce grounds.

   • Division of marital property and debts.

   • Custody and parental rights.

   • Maintenance and support obligations.

5. Court Judgment – If the court is satisfied, it grants the divorce and rules on related matters.

6. Registration of Divorce Decree – The judgment must be registered at the District Office to update civil status records.

Step 5: Division of Property and Debts

Thai law recognizes sin somros (marital property) and sin suan tua (personal property).

• Marital property – acquired during marriage, including income, jointly purchased assets, or property acquired together.

• Personal property – owned before marriage or acquired as inheritance or personal gifts.

The court or registrar ensures fair division of marital assets and liabilities.

Step 6: Child Custody and Support

• Custody rights (parental power) may be granted jointly or to one parent, depending on the best interest of the child.

• Child support obligations are generally decided based on income, living conditions, and the child’s needs.

• Agreements made during uncontested divorces must be registered at the District Office.

Step 7: Spousal Maintenance

A spouse may claim financial support if they are unable to support themselves after divorce. The court considers fairness, financial circumstances, and misconduct (if any) when granting maintenance.

Step 8: Updating Civil Records

Once the divorce is finalized, the parties must:

• Update their House Registration (Tabien Baan).

• Update marital status in official records.

• For foreigners, notify their embassy or consulate for recognition abroad.

Practical Considerations for Foreigners

• Recognition abroad – A Thai divorce certificate or court judgment may need to be translated and legalized at the Ministry of Foreign Affairs and sometimes authenticated by embassies before recognition overseas.

• Prenuptial agreements – If properly registered at the time of marriage, these can affect property division during divorce.

• Residency and visas – Divorce can affect visa status for foreign spouses; it may be necessary to change visa categories.

Benefits of Choosing the Right Divorce Path

• Uncontested divorce – quick (often within one day), inexpensive, and less stressful.

• Contested divorce – longer (months to years), more costly, but necessary where one spouse does not agree or serious disputes exist.

Conclusion

Filing for divorce in Thailand involves clear legal procedures but the steps differ greatly depending on whether it is uncontested or contested. An uncontested divorce at the District Office is simple and efficient when both parties agree, while a contested divorce requires court intervention, evidence, and judicial rulings.

For both Thai nationals and foreigners, careful preparation—collecting documents, drafting agreements, understanding property rights, and addressing child custody—is essential. Because divorce carries significant personal, financial, and legal consequences, seeking advice from an experienced lawyer in Thailand ensures that the process is conducted smoothly and in compliance with the law.