Divorce in Thailand marks the legal termination of a marriage between spouses and involves complex emotional, legal, and financial considerations. Whether the marriage is between two Thai nationals or a foreigner and a Thai citizen, the dissolution of marriage must comply with Thai family law as stipulated under the Civil and Commercial Code (CCC). Understanding the types, legal grounds, filing procedures, and implications of divorce in Thailand is crucial for ensuring a fair and lawful separation.
1. Legal Framework of Divorce in Thailand
Divorce in Thailand is primarily governed by Book V of the Civil and Commercial Code (Sections 1501–1535), which outlines the grounds for divorce, procedures, and legal consequences. The Thai Family Court and the District Office (Amphur) are the two main authorities responsible for processing divorce cases, depending on whether the divorce is mutual or contested.
Under Thai law, marriage can be terminated by:
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Death of one spouse
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Court judgment of divorce
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Divorce registered by mutual consent
For foreigners married to Thais, the divorce must also comply with the registration formalities at the local district office, and the decree or certificate may later be legalized for use abroad.
2. Types of Divorce in Thailand
There are two main types of divorce in Thailand — administrative (uncontested) and judicial (contested). The type of divorce depends on whether both spouses agree to end the marriage and settle all related issues.
a. Uncontested Divorce (Divorce by Mutual Consent)
An uncontested divorce, known as a divorce by mutual consent, is the simplest and most efficient way to dissolve a marriage in Thailand. It can be registered directly at the District Office (Amphur) where the marriage was originally registered or at any other district office in Thailand.
Both spouses must:
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Appear in person before the registrar
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Provide their marriage certificate and identification documents
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Sign a written divorce agreement witnessed by two persons
The agreement typically includes terms on:
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Division of marital property
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Child custody and visitation rights
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Child support and alimony (if applicable)
Once registered, the divorce is immediately effective under Thai law. However, this type of divorce is only possible if both parties mutually agree and the marriage was registered in Thailand. If the marriage was conducted abroad, the parties may need to obtain a court order first before the Thai authorities recognize it.
b. Contested Divorce (Court Divorce)
A contested divorce is required when one spouse does not agree to the divorce or when disputes exist over property division, custody, or financial support. In such cases, the spouse seeking the divorce must file a lawsuit with the Family Court based on specific legal grounds under Section 1516 of the Civil and Commercial Code.
Contested divorces are more complex, time-consuming, and may require legal representation, evidence submission, and witness testimony before the court issues a final judgment.
3. Legal Grounds for Divorce in Thailand
Under Section 1516 of the Civil and Commercial Code, a divorce may be granted on the following grounds:
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Adultery or Infidelity – If one spouse has committed adultery or maintained a relationship with another person.
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Misconduct or Serious Wrongdoing – Physical abuse, cruelty, or behavior causing serious shame or harm to the other spouse.
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Desertion – One spouse abandons the other for more than one year without reasonable cause.
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Living Separately – The couple has voluntarily lived apart for at least three years or by court order for one year.
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Imprisonment – One spouse is imprisoned for more than one year, causing hardship to the other.
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Failure to Provide Maintenance – One spouse neglects financial or marital duties without valid reason.
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Insanity or Chronic Illness – Long-term mental illness or disease that makes cohabitation impossible.
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Violation of Marital Rights – Persistent refusal of marital obligations.
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Disappearance – If one spouse has disappeared for over three years and is presumed dead.
Each ground must be supported by adequate evidence, such as documents, photos, witness statements, or police reports.
4. Procedures for Filing a Divorce in Thailand
The divorce process in Thailand depends on the type of divorce being pursued.
a. Uncontested Divorce Procedure
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Preparation of Documents
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Marriage certificate
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Identification cards or passports of both spouses
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Divorce agreement (covering property, custody, and support)
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Witnesses (two persons)
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Appearance at the District Office
Both spouses must appear before the district registrar, sign the divorce agreement, and register the divorce officially. -
Issuance of Divorce Certificate
The District Office issues two official documents:-
Kor Ror 6 (Divorce Certificate)
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Kor Ror 7 (Divorce Registration Record)
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These documents serve as official proof of divorce and may be translated and legalized for international use.
b. Contested Divorce Procedure
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Filing the Petition
The plaintiff (one spouse) files a divorce petition with the Family Court, stating legal grounds for divorce and requests for property division or custody. -
Court Summons and Response
The defendant (other spouse) is summoned to court and may file an answer or counterclaim. -
Mediation and Preliminary Hearing
The court often encourages mediation to reach a settlement before trial. If unsuccessful, the case proceeds to trial. -
Trial and Judgment
Both parties present evidence and witnesses. The court evaluates the case and issues a judgment on divorce, child custody, and property division. -
Registration of Judgment
Once the court’s judgment becomes final, it must be registered at the District Office to complete the legal dissolution.
The contested divorce process can take several months to over a year depending on the case’s complexity.
5. Division of Marital Property
Under Sections 1533–1534 of the CCC, Thai law distinguishes between:
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Sin Suan Tua (Personal Property) – Property owned before marriage or acquired by gift or inheritance.
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Sin Somros (Marital Property) – Assets acquired during the marriage through joint effort.
Upon divorce, Sin Somros is divided equally between spouses unless otherwise agreed. The court considers factors such as contribution, fault, and family welfare when determining division.
6. Child Custody and Support
When children are involved, Thai courts prioritize the best interests of the child above all else. Custody may be:
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Sole custody, awarded to one parent, or
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Joint custody, where both share parental authority.
The non-custodial parent is typically granted visitation rights and must contribute to child support based on financial capacity and the child’s needs. The court also considers emotional bonds, stability, and moral conduct in custody decisions.
7. Alimony and Spousal Support
A spouse proven to be at fault (e.g., adultery, abandonment, or misconduct) may be ordered to pay compensation or alimony to the innocent spouse. Alimony may be a lump sum or periodic payment, depending on the court’s discretion and the parties’ financial conditions.
8. Recognition of Thai Divorce Abroad
For foreigners who marry and divorce in Thailand, the divorce must often be legalized and translated before it is recognized in their home country. The process usually involves:
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Obtaining certified copies of the divorce certificate
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Having the documents translated into English
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Legalization by the Ministry of Foreign Affairs
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Submission to the foreign embassy or relevant authority
It is advisable to consult the embassy or consulate for recognition procedures in the home jurisdiction.
9. Importance of Legal Assistance
Although uncontested divorces may appear straightforward, legal guidance is still important to ensure:
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The divorce agreement complies with Thai law
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Property and custody arrangements are fair and enforceable
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Foreigners understand implications in both Thai and home-country law
For contested divorces, professional representation is essential to prepare evidence, navigate court procedures, and protect one’s rights and interests.
10. Conclusion
Filing a divorce in Thailand involves careful consideration of both legal and personal factors. Whether through mutual consent or court proceedings, understanding the legal framework, required documentation, and procedures can help ensure a smooth and lawful dissolution of marriage.
A well-prepared divorce process safeguards the rights of both spouses, ensures fair division of assets, and prioritizes the welfare of any children involved. Engaging a qualified Thai family lawyer can make a significant difference in navigating the complexities of Thai divorce law, ensuring that the outcome is both legally valid and equitable.