Divorce in Thailand is a legal process that can be straightforward or complex, depending on the circumstances of the marriage. Whether you are a Thai national, a foreigner married to a Thai citizen, or two foreigners who registered their marriage in Thailand, understanding the proper procedures, legal requirements, and options available for divorce is essential.
This guide provides a detailed overview of the types of divorce in Thailand, the steps to file for divorce, and key legal considerations.
Types of Divorce in Thailand
There are two main types of divorce under Thai law:
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Administrative Divorce (Uncontested Divorce)
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Judicial Divorce (Contested Divorce)
Each type has different procedures, requirements, and legal outcomes.
1. Administrative Divorce (Uncontested Divorce)
This is the simplest form of divorce and is available to couples who mutually agree to end their marriage. It is handled at the local District Office (Amphur or Khet) where the marriage was registered or any other Amphur in Thailand.
Requirements:
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Both parties must appear in person at the Amphur.
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The marriage must have been registered under Thai law.
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Both spouses must agree to divorce and sign a mutual consent document.
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Proper identification and original marriage certificate are required.
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For mixed-nationality couples, some Amphurs may ask for a translator or legal witness.
Documents Required:
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Thai national ID cards (for Thai citizens)
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Passports (for foreigners)
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Marriage certificate (original)
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Divorce agreement (optional but recommended)
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House registration document (Tabien Baan), if applicable
Steps:
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Visit the Amphur with all required documents.
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Submit a joint request to dissolve the marriage.
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Sign the divorce registration document in front of the registrar.
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Receive a Divorce Certificate (Tabien Yod Kan Yae).
Advantages:
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Fast and inexpensive.
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No court involvement.
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Can include an agreement on asset division, custody, and support.
Limitations:
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Only possible if both spouses agree.
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Not available if the marriage was not registered in Thailand.
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Cannot be used for contested issues.
2. Judicial Divorce (Contested Divorce)
If one party does not consent to the divorce or if there are disputes about children, assets, or support, the case must be resolved in Thai family court. This is called a contested divorce or judicial divorce.
Grounds for Judicial Divorce:
Thai law provides several legal grounds under Section 1516 of the Civil and Commercial Code, including:
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Adultery
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Desertion for over one year
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Abuse or serious insult
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Lack of maintenance and support
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Mental illness for more than three years
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Broken bonds of conjugal union for over three years
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Incurable communicable disease
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Mutual separation for more than three years
Who Can File:
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Thai nationals
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Foreigners married to a Thai citizen (if marriage registered in Thailand)
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Foreigners (if the marriage was registered in Thailand)
Steps for Filing a Judicial Divorce:
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Hire a Thai lawyer – Legal representation is strongly recommended.
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File a petition at the Family Court in the appropriate jurisdiction (usually where the couple resides or where the marriage was registered).
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Attend court hearings – Both parties will present evidence and testimony.
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Receive a court judgment – The court decides whether to grant the divorce and on what terms.
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After the judgment, register the divorce at the Amphur to make it official.
Timeframe:
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A contested divorce can take several months to over a year, depending on the complexity and cooperation of both parties.
Child Custody and Support
In both administrative and judicial divorces, if the couple has minor children, arrangements must be made regarding custody and support.
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Administrative Divorce: Both parties can agree on custody and support terms, and the agreement can be included in the divorce document.
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Judicial Divorce: The court will determine custody and financial support based on the best interests of the child.
Custody can be:
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Sole custody to one parent
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Joint custody (less common in Thailand)
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Visitation rights may be granted to the non-custodial parent
Division of Property
In Thailand, assets acquired during the marriage are considered marital property (Sin Somros), while assets owned before marriage are personal property (Sin Suan Tua).
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Administrative Divorce: Couples can mutually agree on how to divide property.
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Judicial Divorce: The court will divide marital property equitably, usually 50/50 unless otherwise justified.
Pre-nuptial agreements (if valid and registered) are enforceable and may guide the division.
Cost of Divorce in Thailand
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Administrative Divorce: Minimal cost (usually less than 100 THB at the Amphur)
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Judicial Divorce: Legal fees can vary depending on the lawyer and complexity, ranging from 30,000 to over 100,000 THB, plus court filing fees.
International Considerations
If one or both parties are foreign nationals, there are additional concerns:
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A Thai divorce may need to be recognized by your home country.
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You may need to translate and legalize the Thai Divorce Certificate.
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Child custody in Thailand or asset division orders may not be automatically enforceable abroad.
Check with your embassy or legal counsel in your home country to ensure compliance with both Thai and international laws.
Common Challenges
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Language barriers at the Amphur or court
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Refusal by one spouse to appear or consent
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Disputes over children, money, or assets
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Marriages registered abroad (not in Thailand) generally require divorce in the country of registration
In such cases, legal assistance is invaluable.
Conclusion
Filing for divorce in Thailand can be relatively simple or legally complex, depending on whether the divorce is mutual or contested. An administrative divorce is fast, inexpensive, and ideal for couples who agree on all terms. However, if disputes arise, a judicial divorce provides a structured legal process to resolve issues like custody and property division.
Whether you are a Thai citizen or a foreigner, understanding your rights and responsibilities under Thai law is critical. Always consider consulting with a qualified Thai family lawyer to ensure your divorce is handled correctly, especially if international legal implications are involved.