Divorce is the legal termination of a marriage and can be a complex process, especially when dealing with different legal systems, assets, and child custody matters. In Thailand, divorce laws are governed by the Thai Civil and Commercial Code (CCC) and can be classified into two types: contested divorce (court divorce) and uncontested divorce (administrative divorce).
This guide provides an in-depth overview of how to file for divorce in Thailand, including eligibility, legal grounds, required documents, division of assets, child custody in Thailand, and international divorce issues.
1. Types of Divorce in Thailand
There are two main types of divorce in Thailand:
1.1 Uncontested Divorce (Administrative Divorce)
This is the simplest and fastest way to obtain a divorce in Thailand. It requires both spouses to mutually agree on the divorce and all related matters, including child custody and asset division.
Key Requirements
- Both parties must mutually agree to end the marriage.
- The marriage must have been registered in Thailand.
- The divorce must be registered at the local district office (Amphur or Khet).
Procedure for Uncontested Divorce
- Both spouses visit the district office (Amphur/Khet) where the marriage was registered.
- Submit a divorce application form and required documents.
- Sign the divorce agreement, outlining child custody, financial support, and asset division.
- The divorce is officially recorded, and both parties receive a divorce certificate.
Advantages of Uncontested Divorce
✔ Fast and straightforward (can be completed in one day).
✔ No need for court proceedings.
✔ Lower legal costs.
Disadvantages of Uncontested Divorce
✘ Only available if both parties agree.
✘ Not applicable for foreign marriages registered outside Thailand.
✘ No court intervention to settle disputes over assets or custody.
1.2 Contested Divorce (Court Divorce)
If one spouse does not agree to the divorce or there are disputes regarding assets, child custody, or support, a contested divorce must be filed in the Thai Family Court.
Legal Grounds for Contested Divorce (Section 1516 of the CCC)
A contested divorce must be based on specific legal grounds, including:
- Adultery – One spouse has committed infidelity.
- Desertion – One spouse has abandoned the other for over one year.
- Failure to Support – A spouse fails to provide financial support.
- Severe Misconduct – Physical abuse, gambling, drug addiction, or criminal behavior.
- Insanity – A spouse has been mentally ill for three years without recovery.
- Separation for Over Three Years – Spouses have lived separately without reconciliation.
- Imprisonment – A spouse has been sentenced to over one year in jail.
- Broken Marriage Beyond Repair – Continuous conflicts have made reconciliation impossible.
Procedure for Contested Divorce
- File a Divorce Petition at the Thai Family Court in the spouse’s place of residence.
- Serve the Divorce Papers – The respondent spouse must receive a copy of the divorce petition.
- Court Hearings – Both parties present evidence and witnesses.
- Court Decision – The judge determines if there are legal grounds for divorce.
- Issuance of Divorce Judgment – If granted, the divorce is finalized.
- Register the Divorce – The final court order is registered at the district office.
Advantages of Contested Divorce
✔ Can proceed even if one spouse refuses to consent.
✔ The court can make decisions on assets, child custody, and support.
Disadvantages of Contested Divorce
✘ Time-consuming (6 months to 2 years).
✘ Higher legal costs due to court fees and lawyers.
✘ Emotional stress due to court battles.
2. Requirements for Filing Divorce in Thailand
2.1 Eligibility to File for Divorce
To file for divorce in Thailand, at least one spouse must meet one of the following criteria:
- Be a Thai citizen.
- Have a registered marriage in Thailand.
- Be a foreign national with a Thai spouse.
2.2 Required Documents
- Original marriage certificate (Kor Ror 3).
- Identification documents (Thai ID card or passport).
- House registration certificate (Tabien Baan).
- Divorce agreement (for uncontested cases).
- Court order (for contested cases).
- Evidence of legal grounds (for contested cases) (e.g., financial records, witness statements).
For foreign spouses, additional documents may be required:
- Certified translations of non-Thai documents.
- Affidavit of freedom to divorce from their embassy.
3. Division of Assets in Divorce
Under Thai law, marital assets are divided into Sin Suan Tua (personal property) and Sin Somros (marital property).
3.1 Sin Suan Tua (Personal Property)
- Assets owned before marriage.
- Inherited property.
- Personal gifts.
3.2 Sin Somros (Marital Property)
- Income earned during the marriage.
- Properties and assets acquired together.
- Shared business ventures.
In case of a contested divorce, the court decides the fair distribution of marital assets. If there is a prenuptial agreement, it will determine how assets are divided.
4. Child Custody and Child Support in Divorce
4.1 Child Custody Laws in Thailand
- If the parents agree, custody arrangements are recorded in the divorce agreement.
- If disputed, the Thai Family Court decides custody based on the child’s best interests.
The court considers:
✔ Financial ability of each parent.
✔ Relationship between the child and parents.
✔ Living environment and stability.
4.2 Child Support Obligations
- The non-custodial parent must provide financial support.
- The amount is determined based on the child’s needs and the parent’s income.
- Failure to pay can lead to legal enforcement (e.g., wage garnishment).
5. International Divorce Considerations
5.1 Divorce Between Thai and Foreign Spouses
- Foreigners married in Thailand must register the divorce in their home country.
- If married abroad, they may need to follow home country divorce laws.
5.2 Recognition of Thai Divorce in Foreign Countries
- Many countries recognize Thai uncontested divorces, but some require court-ordered divorce.
- Foreign spouses should consult lawyers in their home country for recognition procedures.
6. Conclusion
Filing for divorce in Thailand can be simple or complex, depending on whether it is mutual or contested. Couples who agree on asset division and custody can opt for a quick administrative divorce, while those with disputes must undergo court proceedings.
Key takeaways:
✔ Uncontested divorce is the fastest and easiest option.
✔ Contested divorce requires legal grounds and court involvement.
✔ Asset division follows Thai marital property laws (Sin Suan Tua & Sin Somros).
✔ Child custody is based on the child’s best interests.
✔ Foreign spouses must check home country recognition rules.