Filing of Divorce in Thailand

Divorce is a significant legal and emotional process, and understanding the procedures involved can help both spouses navigate it with clarity and confidence. In Thailand, divorce is governed by the Thai Civil and Commercial Code, which provides clear guidelines for how a marriage may be dissolved, who has the authority to do so, and under what conditions. Whether the parties are Thai nationals, a Thai and a foreign spouse, or two foreigners married in Thailand, the process must follow the country’s legal framework.

This detailed guide explains the types of divorce, legal grounds, requirements, and procedures for filing of divorce in Thailand, ensuring that each spouse understands their rights and obligations.

1. Types of Divorce in Thailand

Thai law recognizes two primary forms of divorce:

1.1. Uncontested Divorce (Administrative Divorce)

Also known as divorce by mutual consent, this is the simplest, fastest, and least expensive form of divorce.

Key characteristics include:

• Both spouses agree to end the marriage

• No court hearing is required

• The couple signs their divorce agreement at the district office (Amphur/Amphoe)

• They must present their marriage certificate and identification documents

• Can include agreements on child custody, property, and financial support

This type of divorce is recognized internationally in many countries, although some foreign jurisdictions may require additional legalization.

1.2. Contested Divorce (Judicial Divorce)

When spouses cannot reach an agreement or one spouse refuses to divorce, the matter must be resolved in court.

Key characteristics:

• Filed at the Family Court

• Requires legal grounds

• Often lengthy and more expensive

• Judge decides on:

  • Child custody

  • Property division

  • Debt responsibilities

  • Spousal or child support

A contested divorce is more complex and typically requires legal representation.

2. Legal Grounds for Divorce in Thailand

A contested divorce can only be filed if there are valid grounds under the Thai Civil and Commercial Code. These include:

2.1. Adultery or Infidelity

If one spouse commits adultery, the other may file for divorce.

2.2. Misconduct or Harmful Behavior

This includes physical or emotional abuse, criminal acts, or any behavior that causes the other spouse serious harm.

2.3. Desertion

If a spouse leaves the marital home without good reason for more than one year, it may be grounds for divorce.

2.4. Long-term Separation

If the couple has been separated for over three years, a divorce may be filed.

2.5. Imprisonment

If one spouse is imprisoned for more than a year and the other cannot reasonably be expected to continue the marriage.

2.6. Failure to Provide Support

If a spouse does not fulfill financial responsibilities, the other may pursue divorce.

2.7. Insanity

If a spouse has been insane for three years and recovery is unlikely.

2.8. Serious Communicable Disease

If a spouse suffers from a disease that endangers the other’s health.

2.9. Disappearance

When a spouse has been missing for more than five years.

These grounds aim to ensure fairness and protect the rights of both parties.

3. Required Documents for Divorce Filing

Regardless of whether the divorce is contested or uncontested, certain documents are necessary.

For Both Parties:

• Original marriage certificate

• Identification documents (Thai ID for Thais; passport for foreigners)

• House registration book (Tabien Baan) for Thai nationals

• Divorce agreement (for mutual consent divorce)

Additional Documents for Foreigners:

• Passport with valid visa

• Notarized translations of marriage certificates issued abroad

• Embassy-issued affidavit (depending on nationality)

Documents not in Thai must be translated and legalized (through the Ministry of Foreign Affairs or embassy).

4. Procedure for Uncontested Divorce in Thailand

An administrative divorce is relatively straightforward.

Step 1: Prepare the Divorce Agreement

The agreement typically covers:

• Division of assets

• Child custody

• Financial support

• Joint debts

• Visitation rights

Both parties must sign it.

Step 2: Visit the District Office (Amphur/Amphoe)

Both spouses must appear in person at the district office where their marriage was registered, or any district office in Thailand.

Step 3: Present Documentation

They must show all required documents for verification.

Step 4: Sign the Divorce Documents

The officer will record the divorce in the civil registry, and both parties will sign official documents.

Step 5: Obtain Divorce Certificates

Each spouse receives:

• Divorce Registration Certificate

• Divorce Certificate (Kor Ror 7)

Once registered, the divorce is legally effective immediately.

5. Procedure for Contested Divorce in Court

Judicial divorces are more complex and may take many months.

Step 1: Consult an Attorney

Legal representation is highly recommended due to the complexity of Thai family law.

Step 2: File the Complaint at Family Court

One spouse (the plaintiff) files a complaint specifying the legal grounds for divorce.

Step 3: Court Summons the Other Party

The defendant must respond to the complaint.

Step 4: Preliminary Hearings

The court may propose mediation to reach a settlement.

Step 5: Trial

If mediation fails, the case proceeds to trial where evidence and testimony are presented.

Step 6: Judgment

The judge decides on:

• Divorce approval

• Custody

• Property and asset division

• Child and spousal support

• Responsibility for debts

Step 7: Registration

Once the court’s decision is final, the divorce is registered at a district office.

6. Child Custody and Support in Divorce Cases

When children are involved, Thai courts prioritize the best interests of the child.

Custody Considerations Include:

• Emotional bonds

• Stability and environment

• Parental behavior

• Financial capacity

• Child’s preferences (depending on age)

Both parents may share custody or one may be assigned primary custody, with visitation rights for the other.

Child Support:

The non-custodial parent generally must pay support, covering:

• Education

• Food and daily expenses

• Medical care

• General welfare

Support can be fixed by agreement or ordered by the court.

7. Division of Marital Property

Thailand distinguishes between:

Sin Suan Tua (Personal Property)

Belongings acquired before marriage, gifts, and inheritance.

Sin Somros (Marital Property)

Assets acquired during marriage, including income.

During divorce, marital property is typically divided equally unless otherwise agreed.

Debts incurred for household benefit are also shared.

8. Recognition of Thai Divorce Abroad

Depending on the country, a Thai divorce—especially an uncontested one—may require:

• Translation

• Consular legalization

• Ministry of Foreign Affairs certification

Foreign spouses should consult their embassy to ensure full recognition.

Conclusion

Filing for divorce in Thailand involves a legal process that aims to ensure fairness and clarity for both spouses. Whether through mutual consent or a court procedure, the system provides pathways for resolving financial matters, property division, and child custody. Understanding the steps, rights, and obligations helps individuals navigate the process with confidence.

A well-prepared divorce filing can reduce stress, avoid unnecessary conflict, and ensure that the legal outcome protects the interests of everyone involved—especially children.