Divorce in Thailand is governed by the Thai Civil and Commercial Code and can be processed either by mutual agreement or through the court system, depending on the circumstances of the spouses involved.

Under Thai law, a legally registered marriage wherever any country is required to initiate a divorce. Couples who are only traditionally married or cohabiting without official registration cannot file for divorce through the Thai legal system.

There are two main types of divorce in Thailand:

• Administrative Divorce: Also known as an uncontested divorce, it is a simple and fast procedure available at the local District Office when both parties agree to end the marriage.
• Judicial Divorce: Required when one party does not consent to the divorce or when there are disputes regarding property, child custody, or other legal matters.

Thai law aims to provide fairness and protect the legal rights of both spouses, including matters related to children, finances, and marital assets. However, the correct procedure depends heavily on the nature of the marriage and the agreement (or disagreement) between the parties.

📌 Note: If one or both spouses are foreigners, or if the marriage took place outside Thailand, additional legal steps may be necessary to ensure recognition of the divorce in other jurisdictions.

Thai law provides two legal pathways for ending a registered marriage: Administrative Divorce and Judicial Divorce. The appropriate path depends on whether the spouses mutually agree to the divorce and related matters such as child custody and asset division.

2.1 Uncontested Divorce (Administrative Divorce)

Also known as a mutual consent divorce, this is the most efficient method when both parties agree to terminate the marriage and have resolved all related issues in advance.

Key Features:

• No court required
• Conducted at the District Office
• Available only if the marriage was registered in Thailand
• Both spouses must be physically present on the registration day

Documents Required:

• Thai Marriage Certificate (original)
• Thai ID Card or Passport of both parties
• Signed divorce agreement (covering property, custody, support)
• If applicable, witnesses may be requested

Processing Time: 1 day (if all documents are complete) but if Divorce Agreement included required more period to prepare

Ideal for couples who are cooperative and wish to separate without litigation.

2.2 Contested Divorce (Judicial Divorce)

When spouses cannot agree on the divorce itself or on key matters like child custody, alimony, or division of assets, a court proceeding is required.

Grounds for Contested Divorce:

• One spouse refuses to divorce
• Disputes over child custody, property, or spousal support
• Allegations of fault (e.g., adultery, abandonment)

Where to File:

• Family Court in Thailand

Court Process Includes:

• Filing of complaint
• Presentation of evidence and witnesses
• Final judgment and issuance of divorce decree

Estimated Duration: 6 months to over 1 year depending on complexity

A contested divorce requires strong legal representation and may involve emotional and financial challenges.

Under Thai law, not all divorces require a reason but when a divorce is contested, the party requesting it must establish legal grounds as specified under the Thai Civil and Commercial Code, Section 1516.

Grounds of Action for Divorce:

1. Adultery or Improper Association

• The husband has honored or maintained another woman as his wife; or
• The wife has committed adultery.

2. Misconduct

• One spouse is guilty of misconduct (criminal or non-criminal) which causes the other:
  • To be seriously ashamed, or
  • To be insulted or hated due to remaining married, or
  • To suffer excessive trouble or hardship, considering their marital status and cohabitation.

3. Harm or Insult

• One spouse has caused serious harm or torture to the body or mind of the other; or
• Has seriously insulted the other or their ascendants.

4. Desertion

• One spouse has deserted the other for more than one year.

5. Imprisonment

• One spouse has been sentenced by final judgment and imprisoned for more than one year in a case committed without participation or consent of the other spouse, and cohabitation would cause undue hardship.

6. Separation for Over 3 Years

• The spouses have voluntarily lived separately for more than three years due to irreconcilable differences,
• Or by court order for more than three years.

7. Disappearance

• One spouse has been adjudged disappeared or has left their domicile for more than three years, and their status (alive or dead) is unknown.

8. Failure to Provide Support

• One spouse has failed to maintain or support the other; or
• Has committed acts seriously harmful to the marital relationship, causing excessive hardship to the other.

9. Incurable Mental Illness

• One spouse has been declared insane for more than three years, and the condition is hardly curable, making the continuation of marriage unreasonable.

10. Violation of Good Behavior Bond

• One spouse has broken a bond of good behavior previously executed by the court.

11. Incurable Communicable Disease

• One spouse suffers from a dangerous communicable disease that is incurable and poses a risk to the other.

12. Permanent Physical Disability

• One spouse has a physical defect that makes it permanently impossible to live together as husband and wife.

Divorce in Thailand involves more than simply ending the marriage. Several legal matters must be addressed especially when it comes to contested cases or foreign spouses. Thai law outlines how assets, parental rights, and financial support are to be handled. These are often the most sensitive and complex parts of any divorce. 

1. Division of Marital Property

Under Thai law, marital property acquired during the marriage referred to as “Sin Somros” must be divided equally between spouses, unless otherwise agreed in a prenuptial agreement or divorce settlement.

• Includes jointly acquired assets such as houses, cars, savings, and business interests.
• Personal property acquired before marriage “Sin Suan Tua” remains the sole property of that individual.
• Courts will assess ownership and contribution when dividing assets in contested cases.

Tip: Property brought before the marriage or inherited remains personal property unless converted to joint ownership.

2. Child Custody and Parental Rights

Child custody is a critical issue in Thai divorce law. If the couple has children, the court or agreement must determine:

• Who receives legal custody and guardianship
• Visitation rights for the non-custodial parent
• The child’s best interests are the primary consideration under Thai Family Law

In uncontested divorces, custody must be clearly stated in the divorce agreement. In contested cases, the court will decide based on facts, stability, and parental conduct.

3. Child Support Obligations

Thai law requires both parents to contribute to the child’s living expenses, education, and welfare. The court may:

• Order a monthly support amount based on the child’s needs and parents’ financial ability
• Enforce ongoing support obligations until the child reaches legal age or completes education

4. Spousal Maintenance (Alimony)

Spousal maintenance is not automatic. The court may award alimony or compensation if:

• One spouse is financially dependent
• One party is at fault in causing the divorce (e.g., adultery, abuse)
• The parties agree to maintenance in the divorce settlement

The amount and duration are subject to the court’s discretion or mutual agreement.

Thailand allows foreigners and mixed-nationality couples to file for divorce, provided the marriage is legally recognized under Thai law. However, cross-border divorces often involve extra steps to ensure the divorce is legally valid both in Thailand and in the spouse’s home country.

Who Can Divorce in Thailand?

You may file for divorce in Thailand if:

• The marriage was registered in Thailand (Administrative divorce possible)
• Either spouse has residency or physical presence in Thailand (Judicial divorce)
• The Thai courts have jurisdiction (for contested cases involving non-Thai marriages)

Note: If the marriage took place outside Thailand, a contested divorce through the court is typically required.

Legal Recognition of Thai Divorce Abroad

After a divorce is finalized in Thailand:

• The Thai divorce certificate may need to be translated and legalized by the Ministry of Foreign Affairs.
• Many countries require further authentication (e.g., notarize or embassy legalization) to recognize the Thai divorce.
• Some jurisdictions may request additional proceedings before recognizing custody or property terms.

International Legal Issues

• Property abroad may not be covered under Thai court jurisdiction, additional legal steps may be needed in the other country.
• Child custody or relocation may trigger international custody
• Enforcement of support or alimony may require recognition in the foreign jurisdiction.

“I didn’t realize how complicated things could get even though we both agreed to separate. KTP Legal Advisory helped me handle everything from paperwork to child custody without stress. I couldn’t have done it alone.”
— James T., British national divorcing in Bangkok

“My ex refused to sign the divorce agreement, and I was overwhelmed. The legal team at KTP explained every step clearly and represented me in court. I felt safe and supported throughout.”
— Nok S., Thai spouse in a contested divorce case

“We wanted a peaceful separation, especially for our children. The KTP team helped us finalize everything smoothly at the District Office. They even translated the divorce for use in my country.”
— Anna M., Swedish expat in Divorce Agreement

These real-life scenarios show how legal guidance can make the difference between uncertainty and peace of mind. Whether you’re facing a contested legal battle or seeking a simple administrative divorce, KTP Legal Advisory is here to ensure your rights are protected with clarity and compassion.

Divorce in Thailand involves legal, emotional, and sometimes international complexities. Whether you’re seeking a swift administrative divorce or facing a contested court case, understanding your rights and obligations is essential.

Key Takeaways:

• Thailand recognizes both mutual consent (administrative) and contested (judicial) divorces.
• Grounds for divorce must be legally established in court for contested cases.
• Key legal issues include asset division, child custody, and support obligations.
• Foreigners and international couples can divorce in Thailand but cross-border recognition may require extra steps.
• Proper legal support ensures your documents, procedures, and outcomes are valid and enforceable.

Why Choose KTP Legal Advisory?

At KTP Legal Advisory, we combine deep knowledge of Thai family law with a commitment to clarity, confidentiality, and compassion. From drafting agreements to court representation and international legalization, we guide you at every step.