Filing of Divorce in Thailand

Divorce is often one of the most emotionally and legally challenging experiences in a person’s life. In Thailand, divorce is not only the dissolution of a marriage but also the settlement of property rights, parental authority, and financial responsibilities. The process is governed by the Thai Civil and Commercial Code (CCC), which sets out the grounds, procedures, and effects of divorce. Whether involving two Thai nationals, a Thai and a foreigner, or even two foreigners married under Thai law, understanding the rules for filing divorce in Thailand is crucial for protecting legal rights and avoiding unnecessary complications.

Legal Framework of Divorce in Thailand

Divorce in Thailand is primarily regulated by the Civil and Commercial Code, Book V (Family). Under Thai law, divorce can be achieved in two ways:

Divorce by Mutual Consent (Administrative Divorce)
– Both spouses agree to dissolve the marriage voluntarily.
– The divorce is registered at the District Office (Amphur/Khet).
– This process is usually faster, less expensive, and less adversarial.
Divorce by Court Judgment (Contested Divorce)
– When one spouse does not agree to divorce, or there are disputes about property, custody, or other matters.
– A petition must be filed in the Thai courts, and the case proceeds under litigation.
– This process is more time-consuming and costly.

Divorce by Mutual Consent

This is the simplest way to end a marriage in Thailand, provided both parties agree.

Requirements

Both spouses must appear in person at the local District Office (Amphur).
The marriage must have been legally registered in Thailand.
If a prenuptial agreement was registered, it will also be considered during the divorce settlement.

Process

Agreement Drafting – The spouses must agree on key issues: division of marital property, child custody, visitation rights, and financial support. This agreement should be in writing and signed by both parties.
Filing at District Office – The couple submits their marriage certificate and identification documents.
Registration of Divorce – The District Officer records the divorce and issues a Divorce Certificate (Kor Ror 7).

Advantages

Fast (can be completed in a single day).
Low cost (administrative fees only).
Less stressful since litigation is avoided.

Divorce by Court Judgment

If one spouse refuses to consent to divorce, or disputes arise, the other must file a case in the Family Court.

Grounds for Divorce

The CCC provides specific grounds for divorce, including:

Adultery – If a spouse has committed adultery or maintained an intimate relationship with another person.
Misconduct – Serious misconduct, such as abuse, insult, or causing harm to the other spouse or family.
Desertion – One spouse has deserted the other for over one year.
Imprisonment – If a spouse has been imprisoned for over one year and this causes hardship.
Failure to Provide Support – If a spouse has failed to maintain or support the other as required by law.
Separation – If spouses have lived apart for over three years, or two years if separation was by court order.
Mental Illness – If a spouse has been declared insane for over three years.
Incurable Illness – If one spouse has an incurable communicable disease causing difficulty in marital life.

Court Process

Filing a Petition – The aggrieved spouse files a petition at the Family Court, stating the grounds for divorce.
Response – The other spouse is served with the petition and may contest.
Hearing – Evidence and witnesses are presented. The court examines issues such as property, child custody, and financial support.
Judgment – If satisfied, the court issues a divorce judgment.
Registration – The judgment must be registered at the District Office to become effective in civil records.

Considerations

Contested divorce can take months or even years, depending on complexity.
Both parties should be represented by lawyers, especially if assets or children are involved.

Division of Property

Divorce often raises disputes about property distribution. Under Thai law:

Sin Suan Tua (Personal Property) remains with the original owner. This includes property owned before marriage, personal belongings, or gifts/inheritances received during marriage.
Sin Somros (Marital Property) is property acquired during the marriage, such as income, real estate, or jointly purchased assets. Upon divorce, marital property is generally divided equally, unless agreed otherwise in a prenuptial agreement in Thailand.

Child Custody and Support

Child-related issues are a major consideration in divorce cases.

Custody: Parents may agree on custody in a mutual consent divorce. If they cannot agree, the court decides based on the best interests of the child. Custody may be granted to one parent or shared.
Child Support: The non-custodial parent is required to contribute financially. The court ensures that children receive adequate care, education, and living expenses.

Alimony and Spousal Support

During marriage, spouses owe each other mutual support.
Upon divorce, one spouse may be ordered to pay alimony if financially dependent.
Compensation may also be awarded to a spouse who suffered due to adultery or misconduct.

Divorce Involving Foreigners

Many divorces in Thailand involve at least one foreign spouse. Special considerations apply:

Jurisdiction: If the marriage was registered in Thailand, Thai law applies. If abroad, recognition depends on validity under foreign law and registration in Thailand.
Recognition Abroad: A Thai divorce certificate or court judgment is usually recognized internationally, but some countries may require additional legalization or translation.
Visas and Immigration: A foreign spouse’s visa tied to marriage will normally be canceled after divorce, requiring a change of visa status.

Challenges in Divorce Cases

Bureaucratic Complexity – For foreigners, embassy-issued documents may be needed.
Language Barriers – Documents must often be translated and legalized.
Property Ownership Restrictions – Foreign spouses cannot own land in Thailand, which complicates property division.
Cultural Sensitivity – Divorce can still be socially sensitive in Thailand, especially in traditional families.

Importance of Legal Assistance

Although mutual consent divorce can sometimes be managed without lawyers, legal advice is highly recommended, particularly when:

Large assets or businesses are involved.
There are children whose custody and support must be determined.
The divorce is contested and requires litigation.
International recognition is important for future residency, inheritance, or property rights.

Lawyers can draft clear agreements, represent parties in court, and ensure compliance with both Thai and international law.

Conclusion

Filing for divorce in Thailand is more than just ending a marriage—it is the legal process of redefining rights, responsibilities, and family structure. Thai law offers two main pathways: divorce by mutual consent, which is simple and amicable, and divorce by court judgment, which requires valid legal grounds and may involve lengthy proceedings. Issues such as property division, custody, alimony, and international recognition must be carefully considered.

Whether Thai nationals or foreigners, couples going through divorce should understand the legal requirements, prepare necessary documents, and seek professional legal guidance. By approaching the process with clarity and preparation, it is possible to minimize conflict and protect the rights of all parties involved.