Divorce in Thailand marks the formal legal dissolution of a marriage, ending the marital rights and obligations between spouses. While it is often an emotional and sensitive process, understanding the legal framework and proper filing procedures can help ensure a smooth and fair resolution. In Thailand, divorce can be achieved through mutual consent or by court judgment, depending on the circumstances. The Thai Civil and Commercial Code (CCC), Book V (Sections 1514–1535), governs divorce proceedings and establishes the rights, responsibilities, and entitlements of both Thai and foreign spouses.
1. Legal Framework for Divorce in Thailand
Divorce in Thailand is regulated primarily under the Civil and Commercial Code (CCC), which provides for two main types of divorce:
- Divorce by Mutual Consent (Administrative Divorce)
- Divorce by Court Judgment (Contentious Divorce)
Each process has specific requirements and legal implications. Only a legally registered marriage can be dissolved through divorce in Thailand; traditional or religious marriages without official registration have no legal effect and, therefore, cannot be divorced under Thai law.
2. Divorce by Mutual Consent
A divorce by mutual consent (known in Thai as “Krongkan Ya Sanya”) is the simplest and least contentious form of divorce. It applies when both parties mutually agree to terminate the marriage and have no major disputes over assets, custody, or support.
Requirements for Mutual Consent Divorce
- Both spouses must appear in person at the District Office (Amphur) or Minor District Office (King Amphur) where the marriage was originally registered or where either party’s domicile is located.
- Both must consent to the divorce, and the consent must be in writing and witnessed by at least two people.
- The couple must agree on matters such as:
- Division of marital property (Sin Somros)
- Child custody and visitation rights
- Child and spousal support (if applicable)
If the couple cannot reach an agreement on these issues, they must pursue a court divorce instead.
Documents Required
For Thai nationals:
- National ID cards of both spouses
- House registration booklets (Tabien Baan)
- Marriage certificate (original Kor Ror 3 or Kor Ror 2)
For foreigners:
- Valid passport and Thai visa (or entry stamp)
- Official Thai translation of the marriage certificate if issued abroad
- Proof of identity and residence (if required by the district office)
After verification, the registrar records the divorce in the official register and issues a Divorce Certificate (Kor Ror 7). The divorce becomes legally effective immediately upon registration.
A mutual consent divorce is cost-effective, quick, and private, often completed within the same day if documentation is in order.
3. Divorce by Court Judgment
When one spouse does not consent to the divorce or when disputes arise regarding property, custody, or support, the other spouse must file for divorce in the Thai Family Court. This type of divorce is known as a contested or judicial divorce.
Grounds for Divorce
Under Section 1516 of the Civil and Commercial Code, the following are recognized legal grounds for divorce in Thailand:
- Adultery or infidelity by one spouse
- Misconduct causing serious shame, insult, or injury to the other spouse
- Desertion for more than one year without just cause
- Separation for more than three years (or one year by court order)
- Failure to provide maintenance or financial support
- Serious illness making cohabitation impossible
- Insanity lasting more than three years and deemed incurable
- Violation of the marital rights or abuse by one spouse
- Breaking of marital bond by imprisonment for more than one year
- Disappearance of one spouse for over three years
- Other causes making cohabitation impossible
The spouse filing for divorce (the plaintiff) must prove one or more of these grounds with supporting evidence.
Court Procedure
- Filing the Petition
The divorce petition is filed at the Family Court in the province where the defendant resides or where the couple last lived together. - Service of Summons
The court issues a summons to the defendant to appear in court and respond. - Mediation and Hearing
The court may encourage mediation to reach a settlement before trial. If unresolved, the case proceeds to trial, where both parties present evidence and witnesses. - Judgment and Decree
The court renders a judgment dissolving the marriage if legal grounds are proven. - Registration of Divorce
Once the court judgment is final, it must be registered at the District Office to make the divorce officially effective.
A judicial divorce generally takes several months to over a year, depending on the complexity of the case and whether it is contested.
4. Property Division and Financial Matters
Under Thai law, marital property (Sin Somros)—defined as property acquired during the marriage—is divided equally between spouses upon divorce, unless otherwise stated in a prenuptial agreement.
- Separate Property (Sin Suan Tua): Property acquired before marriage, gifts, or inheritances remains with the original owner.
- Joint Debts: Debts incurred for family purposes or mutual benefit are shared equally.
- Prenuptial Agreement: If executed and registered at marriage, it will govern the division of assets and help prevent disputes during divorce.
5. Child Custody and Support
If the couple has children, Thai law prioritizes the best interests of the child when determining custody arrangements. Both parents have equal rights and responsibilities, but the court may assign custody to one parent based on factors such as financial stability, moral conduct, and emotional connection.
The court may also order:
- Child support payments, based on the non-custodial parent’s income
- Visitation rights for the non-custodial parent
- Supervision by child welfare authorities in sensitive cases
Custody and support agreements can be included in a mutual consent divorce or determined by the court in contested cases.
6. Recognition of Thai Divorce Abroad
For marriages involving foreign nationals, it is often necessary to have the Thai divorce recognized in the foreign spouse’s home country. The process typically involves:
- Obtaining a certified copy of the Thai Divorce Certificate or court judgment.
- Having the document translated into English (or another relevant language) by a certified translator.
- Legalizing both the original and translated versions at the Ministry of Foreign Affairs (MFA) in Bangkok.
- Submitting the legalized documents to the foreign embassy or relevant authorities abroad.
This ensures that the divorce is valid for immigration, remarriage, or family law purposes internationally.
7. Common Issues and Practical Tips
Common challenges in filing for divorce in Thailand include:
- Language barriers and misunderstanding of legal terms.
- Disputes over property, particularly for foreign spouses unable to own land directly.
- Difficulty locating an absent spouse.
- Cross-border recognition of divorce judgments.
To minimize complications, couples—especially those involving foreigners—should consult an experienced Thai family lawyer who can assist with document preparation, negotiation, and representation in court.
8. Conclusion
Filing divorce in Thailand is a structured legal process that ensures fairness, protection of rights, and adherence to due process. Whether resolved amicably through mutual consent or through court litigation, divorce under Thai law addresses essential issues such as property division, child custody, and financial support.
While mutual consent divorces are quick and straightforward, contested divorces require clear legal grounds, evidence, and court proceedings. Understanding the relevant laws, required documentation, and procedural steps is vital to achieving a legally valid and enforceable divorce.
For both Thai and foreign spouses, completing the divorce registration guarantees that the marriage is officially terminated under Thai law—allowing each party to move forward with legal certainty and personal peace of mind.