Divorce in Thailand: Legal Process, Costs & Guide

Divorce is one branch of Thai family law, which also covers marital property, custody and inheritance.

Last reviewed: 1 September 2026. Sections 1514, 1515, 1516, 1523, 1526, 1564, 1476, 1480 and 1598/39 of the Civil and Commercial Code were read against the Thai text in our own annotated Code. Sections 26 and 27 of the Conflict of Laws Act B.E. 2481 were read in the Thai original, and Supreme Court Decisions 5887/2533, 139/2569 and 1694/2569 were each read in full in Thai, to the final disposition. Court fees, timescales and district-office practice described below are practice rather than Code provisions and were not verified against a statute.

Watch: Divorce in Thailand Explained

Watch our divorce in Thailand video guide for an overview of uncontested divorce and court proceedings.

Divorce in Thailand in five points

• Uncontested Divorce (Mutual Consent)
  If both spouses agree, they can register the divorce at their local amphur (district office). No court is needed, just both spouses present with ID, marriage certificate, a written divorce agreement and two witnesses .
• Contested Divorce (Court Route)
  When one spouse doesn’t agree, the divorce proceeds through the Thai courts. Grounds include adultery, abandonment, abuse, desertion, and serious misconduct .
• Documentation Required
  Thai ID or passport, marriage certificates, and a draft divorce agreement are needed. The agreement should specify asset division, child custody, and alimony. Write it clearly in both Thai and English. Have a lawyer review it as well.
• Property Division (Separation of Assets)
  Assets are categorized as marital (shared) or personal. Marital assets are generally split equally unless stated otherwise in a prenup or divorce agreement .
• Divorce Certificate (ใบหย่า)
  The official divorce certificate (“Bai Yah”) is issued upon completion. For expatriates, ensure proper handling to update immigration or visa status .

Know which of the two routes you are on before you do anything else. If you are a foreigner, get the documents right, above all the written agreement on money and children, because the district office registers what you hand it and will not fix it for you. Our Thai lawyers speak English, which saves time on both routes.

This page is written by me, Sébastien Brousseau (LL.B., B.Sc., managing law firms in Thailand since 2006), with Khun Wichuda Atthamethakon (LL.M., Thai lawyer and Notarial Services Attorney), who handles the Thai court side of our divorce files. We have handled about ten divorces a year since 2006.

Foreigners Divorce in Thailand: What Expats Need to Know

This part covers which court can hear your divorce, which law it applies, and the grounds for divorce in the Civil and Commercial Code. Thai law has two kinds of divorce: by mutual agreement at the district office, and contested, through the court system. Agree on the split and on the terms, and it is quick. Disagree, and you are looking at a court case that can run a long time.

To file a divorce in Thailand, at least one of the following should apply:

• One spouse is Thai
• The marriage was registered in Thailand
• The defendant spouse lives in Thailand, or the cause of the divorce arose here (Civil Procedure Code section 4); there is no minimum period of residence

For divorce in Thailand, both parties should understand the division of assets, child custody, and spousal support.

Key Aspect	Quick Details
Types of Divorce	Uncontested (mutual consent) or Contested (court judgment)
Residency Rules	A Thai court must have jurisdiction: typically one spouse is Thai, the marriage was registered in Thailand, or the defendant lives in Thailand. There is no fixed minimum period of residence.
Property Division	Often split 50-50 unless there’s a valid prenuptial agreement or signed divorce agreement
Child Custody	Decided based on child’s best interests, can be shared or sole
Common Grounds	Adultery, desertion, cruelty, disappearance, etc.
Time Frame	Uncontested: agreement in 3 to 5 days, then one district-office visit; Contested: usually 6 to 12 months at first instance, longer on appeal

The law behind this page

English

Section 1514

Divorce is possible only by mutual consent or by court judgment. A divorce by mutual consent must be in writing and signed by at least two witnesses; where the marriage was registered, it takes effect only once the divorce is registered (Section 1515).

English translation of this section is being verified. The Thai text is authoritative.

Our annotated sectionOfficial text

Section 1515Amended on 23 January 2025

Full text

Where a marriage has been registered under this Code, a divorce by mutual consent is complete only when the spouses have registered the divorce.

ThaiLawOnline translation

Our annotated sectionOfficial text

Section 1516Amended on 23 January 2025

Section 1516 sets out twelve grounds for a divorce action; most turn on the other spouse's conduct, but some, such as separation, disappearance, unsoundness of mind, disease and physical incapacity, do not: (1) keeping or honouring another person as a spouse, adultery, or habitual sexual acts with another; (2) misconduct, whether or not a criminal offence, that causes the other spouse serious shame, contempt or hatred, or excessive injury or trouble; (3) serious physical or mental harm, torture, or grave insult to the spouse or the spouse's ascendants; (4) wilful desertion for more than one year; (4/1) final imprisonment served for more than one year for an offence in which the other spouse had no part, where continuing the marriage would cause the other spouse excessive injury or trouble; (4/2) voluntary separation for more than three years, or separation by court order for more than three years; (5) being declared a missing person, or absence for more than three years with no news; (6) failure to give proper support and maintenance, or acting seriously adversely to the marriage, to the point that the other spouse suffers excessive trouble; (7) insanity continuing more than three years and unlikely to be cured; (8) breach of a written bond as to conduct; (9) a serious, chronic and incurable communicable disease dangerous to the other spouse; (10) a physical condition making sexual intercourse permanently impossible. Spouses of any gender rely on the same grounds under the Marriage Equality Act B.E. 2567.

Full text

The grounds for a divorce action are as follows: (1) one spouse has maintained or honoured another person as a spouse, has committed adultery or has a lover, has habitually had sexual intercourse with another person, or has habitually done an act with another person, or accepted an act of another person, to gratify the sexual desire of that spouse or of the other person; the other spouse may bring a divorce action; (2) one spouse is guilty of misconduct, whether or not that misconduct is a criminal offence, if it causes the other spouse: (a) to be seriously ashamed and humiliated; (b) to be insulted or hated on account of continuing to be the spouse of the spouse guilty of the misconduct; (c) to suffer excessive injury or trouble, regard being had to their condition, position and manner of living together as spouses; that other spouse may bring a divorce action; (3) one spouse has caused serious harm or torture to the body or mind of, or has seriously defamed or insulted, the other spouse or the ascendants of the other spouse; if it is serious, that other spouse may bring a divorce action; (4) one spouse has wilfully deserted the other for more than one year; that other spouse may bring a divorce action; (4/1) one spouse has been sentenced by a final judgment to imprisonment and has been imprisoned for more than one year for an offence in which the other spouse took no part and to which that other spouse did not consent or connive, and continuing to be spouses would cause that other spouse excessive injury or trouble; that other spouse may bring a divorce action; (4/2) the spouses have voluntarily lived apart, because they could not live together as spouses in normal happiness, continuously for more than three years, or have lived apart by order of the court for more than three years; either spouse may bring a divorce action; (5) one spouse has been adjudged to have disappeared, or has left the domicile or residence for more than three years and it is uncertain whether that spouse is alive or dead; the other spouse may bring a divorce action; (6) one spouse has failed to give proper help and maintenance to the other, or has acted seriously adversely to the relationship of being spouses, to such an extent that the other spouse suffers excessive trouble, regard being had to their condition, position and manner of living together as spouses; that other spouse may bring a divorce action; (7) one spouse has been of unsound mind continuously for more than three years, the unsoundness of mind being of a kind that is unlikely to be cured and so severe that living together as spouses can no longer be endured; the other spouse may bring a divorce action; (8) one spouse has broken a bond of good behaviour given in writing; the other spouse may bring a divorce action; (9) one spouse is suffering from a serious communicable disease which may be dangerous to the other spouse and which is chronic and incurable; that other spouse may bring a divorce action; (10) one spouse has a physical condition making that spouse permanently unable to have sexual intercourse, or permanently unable to do or to accept an act to gratify the sexual desire of the other; the other spouse may bring a divorce action.

ThaiLawOnline translation

Our annotated sectionOfficial text

Section 1529

A right of action based on Section 1516 (1), (2), (3) or (6), or on Section 1523, is extinguished one year after the claimant knew or ought to have known the facts relied on. The period runs from knowledge, actual or constructive, not from the conduct itself. A ground that can no longer found a divorce claim in its own right may still be proved in support of a divorce claim brought on some other ground.

English translation of this section is being verified. The Thai text is authoritative.

Our annotated sectionOfficial text

Section 27 Act on Conflict of Laws B.E. 2481

Full text

A Thai court shall not grant a divorce unless the law of the nationality of both husband and wife permits divorce. The grounds for divorce are governed by the law of the place where the divorce action is filed.

ThaiLawOnline translation

Official text

Section 26 Act on Conflict of Laws B.E. 2481

Full text

A divorce by consent is valid if the law of the nationality of both husband and wife permits it.

ThaiLawOnline translation

Official text

Section 1533Amended on 23 January 2025

On divorce, the Sin Somros is divided equally between the spouses.

Full text

On divorce, the marital property shall be divided equally between the spouses.

ThaiLawOnline translation

Our annotated sectionOfficial text

Section 1520Amended on 23 January 2025

Full text

In the case of a divorce by mutual consent, the spouses shall make a written agreement as to which of them is to exercise parental power over which child. If no agreement is made, or agreement cannot be reached, the court decides. In the case of a divorce by judgment of the court, the court trying the divorce action shall also decide which spouse is to exercise parental power over which child. If, in deciding, the court is of opinion that there is cause to deprive that spouse of parental power under Section 1582, the court may deprive the spouse of parental power and appoint a third person as guardian, having regard above all to the happiness and interest of the child.

ThaiLawOnline translation

Our annotated sectionOfficial text

ไทย

มาตรา 1514

ข้อความเต็ม

การหย่านั้นจะทำได้แต่โดยความยินยอมของทั้งสองฝ่ายหรือโดยคำพิพากษาของศาล การหย่าโดยความยินยอมต้องทำเป็นหนังสือและมีพยานลงลายมือชื่ออย่างน้อยสองคน

ตรงตามข้อความในราชกิจจานุเบกษา / สำนักงานคณะกรรมการกฤษฎีกา (Verbatim from the Royal Gazette / Office of the Council of State)

มาตราพร้อมหมายเหตุของเราข้อความทางการ

มาตรา 1515แก้ไขเมื่อ 23 มกราคม 2568

ข้อความเต็ม

เมื่อได้จดทะเบียนสมรสตามประมวลกฎหมายนี้ การหย่าโดยความยินยอมจะสมบูรณ์ต่อเมื่อคู่สมรสได้จดทะเบียนการหย่านั้นแล้ว

ตรงตามข้อความในราชกิจจานุเบกษา / สำนักงานคณะกรรมการกฤษฎีกา (Verbatim from the Royal Gazette / Office of the Council of State)

มาตราพร้อมหมายเหตุของเราข้อความทางการ

มาตรา 1516แก้ไขเมื่อ 23 มกราคม 2568

ข้อความเต็ม

เหตุฟ้องหย่ามีดังต่อไปนี้ (๑) คู่สมรสฝ่ายใดฝ่ายหนึ่งอุปการะเลี้ยงดูหรือยกย่องผู้อื่นฉันคู่สมรส เป็นชู้หรือมีชู้ ร่วมประเวณีกับผู้อื่นเป็นอาจิณ หรือกระทำกับผู้อื่นหรือยอมรับการกระทำของผู้อื่นเพื่อสนองความใคร่ของตนหรือผู้อื่นเป็นอาจิณ อีกฝ่ายหนึ่งฟ้องหย่าได้ (๒) คู่สมรสฝ่ายใดฝ่ายหนึ่งประพฤติชั่ว ไม่ว่าความประพฤติชั่วนั้นจะเป็นความผิดอาญาหรือไม่ ถ้าเป็นเหตุให้อีกฝ่ายหนึ่ง (ก) ได้รับความอับอายขายหน้าอย่างร้ายแรง (ข) ได้รับความดูถูกเกลียดชังเพราะเหตุที่คงเป็นคู่สมรสของฝ่ายที่ประพฤติชั่วอยู่ต่อไป หรือ (ค) ได้รับความเสียหายหรือเดือดร้อนเกินควร ในเมื่อเอาสภาพ ฐานะ และความเป็นอยู่ร่วมกันฉันคู่สมรสมาคำนึงประกอบ อีกฝ่ายหนึ่งนั้นฟ้องหย่าได้ (๓) คู่สมรสฝ่ายใดฝ่ายหนึ่งทำร้าย หรือทรมานร่างกายหรือจิตใจ หรือหมิ่นประมาทหรือเหยียดหยามอีกฝ่ายหนึ่งหรือบุพการีของอีกฝ่ายหนึ่ง ทั้งนี้ ถ้าเป็นการร้ายแรง อีกฝ่ายหนึ่งนั้นฟ้องหย่าได้ (๔) คู่สมรสฝ่ายใดฝ่ายหนึ่งจงใจละทิ้งร้างอีกฝ่ายหนึ่งไปเกินหนึ่งปี อีกฝ่ายหนึ่งนั้นฟ้องหย่าได้ (๔/๑) คู่สมรสฝ่ายใดฝ่ายหนึ่งต้องคำพิพากษาถึงที่สุดให้จำคุก และได้ถูกจำคุกเกินหนึ่งปีในความผิดที่อีกฝ่ายหนึ่งมิได้มีส่วนก่อให้เกิดการกระทำความผิดหรือยินยอมหรือรู้เห็นเป็นใจในการกระทำความผิดนั้นด้วย และการเป็นคู่สมรสกันต่อไปจะเป็นเหตุให้อีกฝ่ายหนึ่งได้รับความเสียหายหรือเดือดร้อนเกินควร อีกฝ่ายหนึ่งนั้นฟ้องหย่าได้ (๔/๒) คู่สมรสสมัครใจแยกกันอยู่เพราะเหตุที่ไม่อาจอยู่ร่วมกันฉันคู่สมรสได้โดยปกติสุขตลอดมาเกินสามปีหรือแยกกันอยู่ตามคำสั่งของศาลเป็นเวลาเกินสามปี ฝ่ายใดฝ่ายหนึ่งฟ้องหย่าได้ (๕) คู่สมรสฝ่ายใดฝ่ายหนึ่งถูกศาลสั่งให้เป็นคนสาบสูญ หรือไปจากภูมิลำเนาหรือถิ่นที่อยู่เป็นเวลาเกินสามปีโดยไม่มีใครทราบแน่ว่าเป็นตายร้ายดีอย่างไร อีกฝ่ายหนึ่งฟ้องหย่าได้ (๖) คู่สมรสฝ่ายใดฝ่ายหนึ่งไม่ให้ความช่วยเหลืออุปการะเลี้ยงดูอีกฝ่ายหนึ่งตามสมควร หรือทำการเป็นปฏิปักษ์ต่อการที่เป็นคู่สมรสอย่างร้ายแรง ทั้งนี้ ถ้าการกระทำนั้นถึงขนาดที่อีกฝ่ายหนึ่งเดือดร้อนเกินควรในเมื่อเอาสภาพ ฐานะ และความเป็นอยู่ร่วมกันฉันคู่สมรสมาคำนึงประกอบ อีกฝ่ายหนึ่งนั้นฟ้องหย่าได้ (๗) คู่สมรสฝ่ายใดฝ่ายหนึ่งวิกลจริตตลอดมาเกินสามปี และความวิกลจริตนั้นมีลักษณะยากจะหายได้ กับทั้งความวิกลจริตถึงขนาดที่จะทนอยู่ร่วมกันฉันคู่สมรสต่อไปไม่ได้ อีกฝ่ายหนึ่งฟ้องหย่าได้ (๘) คู่สมรสฝ่ายใดฝ่ายหนึ่งผิดทัณฑ์บนที่ทำให้ไว้เป็นหนังสือในเรื่องความประพฤติ อีกฝ่ายหนึ่งฟ้องหย่าได้ (๙) คู่สมรสฝ่ายใดฝ่ายหนึ่งเป็นโรคติดต่ออย่างร้ายแรงอันอาจเป็นภัยแก่อีกฝ่ายหนึ่ง และโรคมีลักษณะเรื้อรังไม่มีทางที่จะหายได้ อีกฝ่ายหนึ่งนั้นฟ้องหย่าได้ (๑๐) คู่สมรสฝ่ายใดฝ่ายหนึ่งมีสภาพแห่งกายทำให้ไม่อาจร่วมประเวณีหรือไม่อาจกระทำการหรือยอมรับการกระทำเพื่อสนองความใคร่ของอีกฝ่ายได้ตลอดกาล อีกฝ่ายหนึ่งฟ้องหย่าได้

ตรงตามข้อความในราชกิจจานุเบกษา / สำนักงานคณะกรรมการกฤษฎีกา (Verbatim from the Royal Gazette / Office of the Council of State)

มาตราพร้อมหมายเหตุของเราข้อความทางการ

มาตรา 1529

ข้อความเต็ม

สิทธิฟ้องร้องโดยอาศัยเหตุในมาตรา ๑๕๑๖ (๑) (๒) (๓) หรือ (๖) หรือมาตรา ๑๕๒๓ ย่อมระงับไปเมื่อพ้นกำหนดหนึ่งปีนับแต่วันผู้กล่าวอ้างรู้หรือควรรู้ความจริงซึ่งตนอาจยกขึ้นกล่าวอ้าง เหตุอันจะยกขึ้นฟ้องหย่าไม่ได้แล้วนั้น อาจนำสืบสนับสนุนคดีฟ้องหย่าซึ่งอาศัยเหตุอย่างอื่น

ตรงตามข้อความในราชกิจจานุเบกษา / สำนักงานคณะกรรมการกฤษฎีกา (Verbatim from the Royal Gazette / Office of the Council of State)

มาตราพร้อมหมายเหตุของเราข้อความทางการ

มาตรา 27 พระราชบัญญัติว่าด้วยการขัดกันแห่งกฎหมาย พุทธศักราช 2481

ข้อความเต็ม

ศาลไทยจะไม่พิพากษาให้หย่ากัน เว้นแต่กฎหมายสัญชาติแห่งสามีและภริยาทั้งสองฝ่ายยอมให้หย่าได้ เหตุหย่า ให้เป็นไปตามกฎหมายแห่งถิ่นที่ยื่นฟ้องหย่า

ตรงตามข้อความในราชกิจจานุเบกษา / สำนักงานคณะกรรมการกฤษฎีกา (Verbatim from the Royal Gazette / Office of the Council of State)

ข้อความทางการ

มาตรา 26 พระราชบัญญัติว่าด้วยการขัดกันแห่งกฎหมาย พุทธศักราช 2481

ข้อความเต็ม

การหย่าโดยความยินยอมย่อมสมบูรณ์ ถ้ากฎหมายสัญชาติแห่งสามีและภริยาทั้งสองฝ่ายยอมให้กระทำได้

ตรงตามข้อความในราชกิจจานุเบกษา / สำนักงานคณะกรรมการกฤษฎีกา (Verbatim from the Royal Gazette / Office of the Council of State)

ข้อความทางการ

มาตรา 1533แก้ไขเมื่อ 23 มกราคม 2568

ข้อความเต็ม

เมื่อหย่ากัน ให้แบ่งสินสมรสให้คู่สมรสแต่ละฝ่ายได้ส่วนเท่ากัน

ตรงตามข้อความในราชกิจจานุเบกษา / สำนักงานคณะกรรมการกฤษฎีกา (Verbatim from the Royal Gazette / Office of the Council of State)

มาตราพร้อมหมายเหตุของเราข้อความทางการ

มาตรา 1520แก้ไขเมื่อ 23 มกราคม 2568

ข้อความเต็ม

ในกรณีหย่าโดยความยินยอม ให้คู่สมรสทำความตกลงเป็นหนังสือว่า ฝ่ายใดจะเป็นผู้ใช้อำนาจปกครองบุตรคนใด ถ้ามิได้ตกลงกันหรือตกลงกันไม่ได้ ให้ศาลเป็นผู้ชี้ขาด ในกรณีหย่าโดยคำพิพากษาของศาล ให้ศาลซึ่งพิจารณาคดีฟ้องหย่านั้นชี้ขาดด้วยว่าฝ่ายใดจะเป็นผู้ใช้อำนาจปกครองบุตรคนใด ในการพิจารณาชี้ขาดถ้าศาลเห็นว่ามีเหตุที่จะถอนอำนาจปกครองของคู่สมรสนั้นได้ตามมาตรา ๑๕๘๒ ศาลจะถอนอำนาจปกครองของคู่สมรสและสั่งให้บุคคลภายนอกเป็นผู้ปกครองก็ได้ ทั้งนี้ ให้ศาลคำนึงถึงความผาสุกและประโยชน์ของบุตรนั้นเป็นสำคัญ

ตรงตามข้อความในราชกิจจานุเบกษา / สำนักงานคณะกรรมการกฤษฎีกา (Verbatim from the Royal Gazette / Office of the Council of State)

มาตราพร้อมหมายเหตุของเราข้อความทางการ

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Article 1514

Le divorce n'a lieu que par consentement mutuel ou par jugement. Le divorce par consentement doit être fait par écrit, signé par au moins deux témoins.

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Article 1515Modifié le 23 janvier 2025

Lorsque le mariage a été enregistré selon le présent Code, le divorce par consentement n'est valable qu'une fois enregistré par les époux.

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Article 1516Modifié le 23 janvier 2025

Causes de divorce, sous conditions légales: entretien d'un tiers comme conjoint, adultère ou relations habituelles, inconduite, sévices ou injures graves, abandon ou emprisonnement de plus d'un an, séparation, disparition ou démence incurable de plus de trois ans, défaut d'entretien, engagement écrit violé, maladie contagieuse incurable, incapacité sexuelle permanente.

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Article 1529

L'action fondée sur l'article 1516 (1), (2), (3) ou (6) ou l'article 1523 s'éteint un an après que le demandeur a connu ou aurait dû connaître les faits. Une cause éteinte peut encore étayer une action fondée sur une autre cause.

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Article 27 Act on Conflict of Laws B.E. 2481

Le tribunal thaïlandais ne prononce le divorce que si la loi nationale des deux époux l'admet. Les causes de divorce relèvent de la loi du lieu où l'action est introduite.

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Texte officiel

Article 26 Act on Conflict of Laws B.E. 2481

Le divorce par consentement est valable si la loi nationale des deux époux le permet.

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Texte officiel

Article 1533Modifié le 23 janvier 2025

Au divorce, les biens communs sont partagés à parts égales entre les époux.

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Article 1520Modifié le 23 janvier 2025

En cas de consentement, les époux conviennent par écrit de l'autorité parentale sur chaque enfant, sinon le tribunal tranche. En cas de jugement, le tribunal statue, peut retirer l'autorité (article 1582) et nommer un tiers tuteur, en privilégiant le bonheur et l'intérêt de l'enfant.

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Supreme Court decisions

• 1869/2566 (2023): No Thai Divorce From a Foreign Spouse Unless Their National Law Is Proved to Allow Divorce
• 451/2567 (2024): Three-Year Separation Divorce Ground Fails If Only One Spouse Wanted It
• 4104/2564 (2021): Expelling the Wife From the Home Is Serious Hostility; Later Family Trips Are Not Forgiveness
• 7534/2560 (2017): Leaving a Sick Spouse for Over a Year Is Desertion; the Other Woman Cannot Appeal the Divorce
• 157/2561 (2018): A Wife Locked Out After Complaining of Her Husband's Affair Has Not Deserted Him
• 875/2561 (2018): No Post-Divorce Alimony After a Consent Settlement Because No Spouse Is Found at Fault

Sources

• Civil and Commercial Code, Office of the Council of State, retrieved 31 October 2026
• Act on Conflict of Laws B.E. 2481, retrieved 31 October 2026
• deka.supremecourt.or.th, Supreme Court of Thailand decisions database (copy held in our library), retrieved 19 February 2026

What Is the Legal Process to File for a Divorce in Thailand?

If you’re filing for an uncontested divorce, the process is relatively simple according to Thai law. Both spouses normally appear in person at a district office (amphur or amphoe, เขต in Bangkok). It does not have to be the office where the marriage was registered: a family registration can be requested at any district office (clause 6 of the Ministry of Interior Regulation on Family Registration B.E. 2541). You’ll need your marriage certificate, identification documents, and a signed divorce agreement. Two witnesses must also attend. If everything is in order, you’ll receive a Divorce Certificate  (ใบสำคัญการหย่า) on the same day.

In contested divorces, the process begins by filing a petition at family court. The petition asks the court to end the marriage. The petitioner (the spouse who starts the case) must state the legal grounds for divorce. They must submit evidence, and hearings will happen. The court then rules on the divorce and any related issues such as custody, property division, and alimony.

In custody cases, both parties should collect important documents. They must also understand their rights and duties during the process.

A) “Uncontested Divorce” or “Divorce Agreement Settlement”?

An administrative divorce is good for couples who can agree on the terms of the divorce. This mutual consent helps them avoid long court proceedings. It also makes it easy to file for divorce in Thailand. This process is usually simple and ends with a divorce certificate. This is true, especially when both parties agree on the divorce terms. It’s the simplest, quickest, and least stressful way to go, if, and it’s a big if, both you and your spouse agree on everything.

Ultimately, knowing the divorce process in Thailand is important for Thai citizens and expats. This helps ensure a fair and equal outcome.

Divorce assumes the marriage was valid in the first place. If your spouse was already married, or you were deceived or forced into the marriage, the right route may be a court case to declare the marriage void or cancel it. Our guide to annulment in Thailand explains the grounds and the deadlines.

A proper divorce agreement in Thailand includes:

• Division of marital property (สินสมรส)
• Designation of personal property (สินส่วนตัว)
• Terms of child custody and parental authority
• Child support schedule and amount
• Any alimony or spousal support arrangement

This document should be in Thai (and ideally bilingual for foreigners). ThaiLawOnline offers customized divorce agreements reviewed by licensed attorneys for just 9,900 baht.

Remember that a “uncontested divorce” or “administrative divorce” means that both parties agree on all terms. We also call it an amicable divorce when both parties agree to end the marriage.

What Does “Agreeing on Everything” Mean?

It’s not just about agreeing you want a divorce. You need to be completely on the same page about the important stuff that comes next:

1. The Kids (Parental Power): Who will be mainly responsible for the children? This is known as parental power in Thailand Will it be shared (joint custody) or will one parent take the lead (sole custody)? What about visitation schedules and where the kids will live?
2. Child Support: You need a clear plan for financial support, how much will be paid, how often, and for how long? See our section below about “Child Custody” that is more elaborated.
3. Dividing Your Property (Marital Property):How will you split the assets and property you gained together during your marriage? Don’t forget about any shared debts, those need to be addressed too, especially in the context of divorce law in Thailand. Your personal belongings from before the marriage are usually not included in this division. This also applies to gifts and inheritances that are meant only for you. We also have a section about separation of assets below.
4. Alimony (Spousal Support): Will one spouse pay support to the other? If yes, agree on the amount, frequency, and duration. This isn’t always part of an administrative divorce, but if you agree on it, put it in writing.

Once you’ve agreed on all the points above, you need to put it into a formal Divorce Agreement (sometimes called a Consent Agreement). This document lays out all the terms you’ve settled on. Both of you need to sign it before You go any further in the process of a Thailand divorce. If you are writing a divorce agreement, look at our custom divorce contract services. They can help you save time and avoid Legal Health Check.

Legal Requirements for Uncontested Divorce

Unlike contested divorces that go through the courts, an uncontested divorce is handled administratively at the local District Office. In most of Thailand, this is called the ‘Amphur’, while in Bangkok it’s known as the ‘Khet’. This is a term used in Thailand, where citizens get married in Thailand.

• Where to Go: Any Amphur/Khet will register the divorce, not only the one where you registered your marriage (clause 6 of the Ministry of Interior Regulation on Family Registration B.E. 2541).
• Go Together, or at Two Offices: Each spouse must sign in person, but not necessarily at the same office. If you cannot both attend one office, each of you can sign at a different district office, or at a Thai registry abroad, and the divorce takes effect only when the second office registers it. If the second spouse does not file within 60 days of being notified, the first office and the first spouse are told (clause 21). Going together is faster: see the section on divorce when one party is abroad below.
• Bring Witnesses: You’ll also need two witnesses to come with you, as required by Thai divorce law.

Make sure you have everything ready:

• You need to provide your original IDs to file for a divorce. Thai nationals should use their Thai ID cards. Foreigners or expats should use their passports.
• Your original Marriage Certificate.
• The signed Divorce Agreement (bring a couple of copies).
• Your two witnesses (they need their IDs too!).

The District Officer will check your documents. They will confirm your identities and those of your witnesses. Most importantly, they will ensure that you both truly agree to the divorce. They will also make sure you understand the terms of your agreement. If everything is in order, they’ll officially register your divorce. You’ll each receive a Divorce Certificate (ใบสำคัญการหย่า, Bai Samkhan Kan Ya). The Divorce Agreement is usually attached or noted, making the terms you agreed upon legally binding.

Even though it’s simpler, don’t underestimate the importance of that Divorce Agreement. It’s a legal contract that affects your future rights regarding children and property. If you have important assets, children, or connections abroad, it’s wise to have a lawyer write or check the agreement before you sign. This helps ensure it’s fair, covers everything properly, and prevents headaches down the road.

What to Consider in a Divorce Agreement or Settlement Agreement?

Write it down in detail. The agreement should say what happens to the house, each bank account, the investments and the children, with dates, amounts and who does what. A vague line like “assets split fairly” is the kind that comes back as a dispute a year later.

Avoid vague terms like “reasonable visitation” or “support as needed.” Thai courts and officials need specifics. And always make sure the agreement is translated into Thai and reviewed by a lawyer.

If you want an uncontested divorce and both people agree, you can file it at your local district office. The agreement should cover, where they apply:

• Custody and parental rights (อำนาจปกครองบุตร)
• Child support payments
• Property division (สินสมรส and สินส่วนตัว)
• Alimony or spousal support

A Thai divorce changes your legal and financial position, so look at both before you sign.

If your marriage was registered abroad, a district office may first ask for the marriage to be recorded in the Thai civil registry, although Decision 5887/2533 said spouses married abroad can register a consent divorce under the Family Registration Act. Where one spouse is Thai, ask us by email at info@thailawonline.com whether recording the foreign marriage first is possible in your case; otherwise a Family Court judgment is usually the safer route. ThaiLawOnline can help guide you through this administrative process.

You need a judicial divorce when you cannot agree, usually on property or on the children. That means a Thai lawyer and a family court case, and it takes longer and costs more, the more the two of you fight. A contested divorce is simply one where a spouse disagrees with the divorce itself or with its terms. Expect several hearings, especially where living arrangements or custody plans after the divorce are in dispute, and expect it to be stressful.

B) Contested divorce (or Divorce in Court)

However, contested cases require legal proceedings where both parties present their arguments and evidence in court. The Family Court will decide how to divide assets, child custody, and other important matters. This includes spousal support. Both parties must understand their rights and duties under Thai law during this process. The legal grounds that justify filing a contested divorce are detailed under Thai law. See the section below on Grounds for Divorce For a full explanation of these reasons regarding marriage in Thailand.

A divorce agreement is an important document. It explains the terms of the divorce. This includes how to divide assets for a Thai divorce, child custody, and alimony. Whether the divorce is contested or not, it is wise to create a clear divorce settlement agreement. This agreement should cover all important issues to prevent future problems. In an uncontested divorce, both parties should sign the agreement. Then, they must register the divorce at the Amphoe, and it takes effect only on registration. In contested divorces, the divorce agreement can be negotiated in court. The judge must approve it for it to be legally binding. This process helps protect both parties under Thai law.

Grounds for Divorce (Reasons for Contested Divorce)

The grounds for divorce in Thailand are set out in Section 1516 of the Thai Civil and Commercial Code. Here are the legally recognized grounds for filing a contested divorce in Thailand, apart from breach of a written bond of good behaviour (section 1516(8)):

Ground	Explanation
Adultery	One spouse has committed adultery or honors another person as a spouse.
Misconduct	Serious misconduct or criminal behavior by one spouse causing shame or harm.
Abuse or Harm	Physical or mental abuse, including serious insult or cruelty. Any act of domestic violence in Thailand will be looking at by a court.
Desertion	Abandonment for more than 1 year without reasonable cause.
3-Year Separation	Living apart for more than 3 years by mutual consent or under a court order.
Imprisonment	One spouse has been sentenced by a final judgment and has actually served more than 1 year in prison for an offence the other spouse had no part in and did not tolerate, and continuing the marriage would cause the other spouse undue harm or hardship.
Disappearance	A spouse disappears for more than 3 years without news.
Incurable Insanity	Insanity that has continued for more than three years, is unlikely to be cured, and is so severe that married life cannot continue (section 1516(7)).
Broken Duty	A spouse fails to give the other proper support or is seriously hostile to the marriage, to the point of causing the other undue hardship (section 1516(6)).
Incurable Disease	One spouse has a serious contagious disease that may endanger the other, is chronic and cannot be cured (section 1516(9)).
Physical Disability	A spouse has a permanent physical condition that makes sexual relations impossible (section 1516(10)).

For the full text about grounds of divorce at section 1516 of the Commercial Civil Code of Thailand, click on this link.

If you are fighting over the children or the property, get a lawyer.

Proving one of these grounds in court takes evidence, and a lot of it. Before you file, have a Thai family lawyer look at what you actually have and tell you honestly whether it is enough.

A contested divorce is complex: Booking a consultation with us will help you to understand.

If you are filing a contested divorce, you’ll need to show the court that legal grounds exist. Documentation matters significantly in a court divorce in Thailand. This can include:

• Police reports
• Medical records
• Email or chat transcripts
• Witness testimony

Judges will assess whether the evidence meets the legal criteria under section 1516 of the civil code. It’s not enough to claim misconduct, you must prove it. The burden of proof lies with the person requesting the divorce. This means providing solid evidence such as photos, documents, or witness statements. In Thailand, the legal process is very document-based, especially in contested cases.

Picture of the Family and Juvenile Court in Bangkok.

The court is next to Bang Sue Grand Station, which underwent significant redevelopment and was completed in 2021.

Adultery and Its Role in Divorce Cases in Thailand

Adultery is not a criminal offense in Thailand, but it can be used as legal grounds for a contested divorce. If one spouse supports or honors another person as a spouse, commits adultery, or habitually has sexual relations with someone else, the other spouse has the right to petition the court to dissolve the marriage, unless they consented to it or tolerated it (section 1517). Besides the divorce, the hurt spouse can also ask for money from the other person involved. This is true if that person knew the spouse was already married.

A big legal change came in two steps. First, the Thai Constitutional Court decided that current adultery laws were unfair to women. Before this ruling, a husband could sue his wife’s lover regardless of gender, but a wife could sue only her husband’s female lover. This was found to be discriminatory. The law was later revised and came into effect in early 2025, replacing gender-specific terms with the word “spouse.” Now, either husband or wife can claim compensation from the third party, regardless of gender.

When the court decides on compensation, it considers several factors. These include the length of the marriage, whether there are children, and the social status of both parties. The court also looks at how public the affair was. Finally, it examines the behavior of the unfaithful spouse and the third party after the affair was revealed. Section 1523 sets no fixed amount: the court assesses compensation from the facts of each case.

Although the law is the same throughout the country, how it is applied can vary from one province or district to another. Because of this, it’s important to get good legal advice, especially when adultery is part of a divorce.

What Is the Role of Family Law in Thai Divorces?

Family law in Thailand is part of the Thai Civil and Commercial Code according to Thai law. It governs all aspects of divorce, including the grounds, parental authority, child support, and the division of property. It also determines whether spousal support is appropriate.

The court is responsible for ensuring fairness, especially when children or large marital estates are involved. Thai judges decide custody on the best interest of the child and maintenance on each party’s means, while marital property is divided equally under section 1533, whoever earned it.

What the Supreme Court has decided about divorce in Thailand

Thai statute law is short on detail, so the family courts work from Supreme Court (Dika) precedent. The decisions below are the ones a judge will have in mind in a foreigner’s divorce. Every number links to our bilingual summary and the full Thai judgment in the Family Law decisions hub of our Supreme Court decisions database, and every section number links to the annotated text in Book 5 of the Civil and Commercial Code. We read each decision in Thai to its final disposition before citing it here.

Grounds for divorce: what the judges actually require

The separation ground in Section 1516 (4/2) is the one expats rely on most, and it is narrower than it looks. In Decision 451/2567 the husband had lived apart from his wife for far more than three years and still lost: the separation must be voluntary on both sides, and because it was caused by his own affair while his wife had sued the other woman for damages, it was his choice alone. Decision 1519-1520/2566 is the mirror image: where the husband’s own conduct drove the wife out and he knew it, he was taken to have agreed to live apart, the three-year separation counted, and the divorce was his fault, which also opened the door to alimony. Decision 7795/2560 adds a procedural lesson: a wife who said at trial that the separation was for business reasons could not argue in the Supreme Court that it was forced by her husband’s mistress, because the issues in a divorce are fixed by the pleadings.

On fault grounds, Decision 4104/2564 holds that a husband who orders his wife out of the family home commits serious hostility to the marriage under Section 1516 (6), and that two later overnight family trips with the children were not forgiveness under Section 1518. Decision 7534/2560 is the standard desertion case under Section 1516 (4): a husband who moved in with another woman shortly after his wife’s stroke and had not returned for more than a year had wilfully deserted her. The at-fault spouse cannot turn the tables. In Decision 2109/2567 the husband who had affairs, stopped maintaining his wife, assaulted her and forged her signature failed on every ground he pleaded, because her police complaints and her letter to his employer were legitimate self-protection, and in Decision 157/2561 a wife who left after her husband changed the locks had not deserted him, and her complaint to his superior about his affair was her right, not a ground against her.

Adultery: proof, compensation and the one-year clock

Compensation under Section 1523 is the money claim that most often accompanies a Thai divorce, and the Supreme Court polices it closely. Decision 5856/2567 applied the earlier wording of Section 1523 paragraph 2 and required a wife suing the other woman to plead and prove that she displayed the relationship openly, while the current wording also reaches a person who transgressed the spouse in an adulterous way; Decision 748/2568 adds that the third party must have known of the marriage, and that the evidence is weighed more strictly than in an ordinary civil claim because the accusation disgraces two families. Decision 4969/2565 is the trap for people who settle: a divorce entered by consent judgment is not a divorce decreed on the adultery ground in Section 1516 (1), so no compensation is due from the spouse under paragraph one. Decision 5579/2567 dismissed a claim of 300,000,000 THB because the wife had known of the affair for almost six years, signed separation agreements securing her maintenance and sued only when the payments stopped, which the Court treated as an exercise of the right in bad faith under Section 5.

On proof and timing, Decision 5259-5260/2561 holds that a secretly recorded conversation is admissible when the person who recorded it testifies, that the one-year limit in Section 1529 is personal to the spouses and cannot be invoked by the third party sued for compensation (the Court was dealing with the time limit for suing for divorce, and Section 1529 also names Section 1523, so do not treat a compensation claim as free of the one-year limit), and that forgiveness under Section 1518 must be pleaded at first instance or it is lost. Decision 3247-3248/2568 admitted messages and photographs copied from the husband’s phone, confirmed that every allegation denied in the answer stays in issue whatever the court’s short statement of issues says, and awarded 500,000 THB compensation plus alimony of 15,000 THB a month for up to 15 years. Decision 4977/2565 settles what happens when a spouse dies during the appeal: the marriage ends by death under Section 1501 before the divorce can take effect under Section 1531, the divorce and the property split fall away, but the mistress who had lived openly with the husband still had to pay.

Money after the divorce: alimony and maintenance

Thai law has no general alimony. Section 1526 gives a living allowance only where the divorce is the other spouse’s sole fault and leaves the claimant poorer, and Decision 875/2561 confirms the three conditions and adds the practical consequence: a divorce settled by consent produces no fault finding, so no alimony unless the settlement says so. Decision 1242/2567 shows the other extreme: a wealthy 47-year-old husband divorcing his 66-year-old, retired and ill wife for his own fault was ordered to pay 50,000 THB a month for ten years, even though she had been the richer spouse earlier in the marriage. Decision 8151/2560, a case between an American husband and a Thai wife, holds that the spouse whose fault caused the divorce cannot claim alimony but can still receive maintenance between spouses up to the final judgment under Section 1598/38, which the court may fix even if nobody asked. Decision 2109/2567 makes the same point from the other side: a wife may claim maintenance under Section 1461 without asking for a divorce at all. For the children, Decision 2971/2544 holds that silence about child support in an amphur divorce agreement does not stop the court fixing it later, Decision 7345/2560 that maintenance runs from the child’s birth, and Decision 1218/2567 that an agreed figure falls away once the child moves permanently to the paying parent.

Property: the rulings that decide the split

The division of sin somros has its own body of case law, set out in full in our guide to property division in a Thai divorce. The decisions that matter most: Decision 3615/2568 (a spouse who admits assets existed but says they were sold must prove the sale, or the asset is divided anyway), Decision 8321/2568 (provident fund and pension fund balances built up during the marriage are sin somros up to the filing date), Decision 452/2567 and Decision 1319/2568 (the property memorandum signed at the amphur binds you as written, under Section 1532), Decision 1303/2568 (a clause forfeiting all the sin somros for a further assault is a penalty the court may reduce), and Decision 186/2565 and Decision 372/2567 on when land is one spouse’s separate property.

Foreign spouses and foreign marriages

Where one spouse is not Thai, section 27 of the Conflict of Laws Act B.E. 2481 applies before any ground is examined. Decision 1869/2566 is the decision every foreigner should know: a Thai wife lost her divorce from her British husband because she never proved, as a fact, that English law permits divorce, and the appeal court was entitled to raise the point itself. Decision 8151/2560 shows the same rule working: the American husband proved that New York law and the Thai Code both allow divorce, so the Thai court had jurisdiction and applied Thai grounds. If you married abroad, read our pages on divorce in Thailand with a foreign marriage certificate and on whether a Thai divorce is valid abroad.

What our Thai lawyers do on a divorce file

On a divorce file, our Thai lawyers tell you what documents and evidence to collect, draft or check the divorce agreement, go to court for you if it comes to that, and deal with the translations and the official steps. We do this for foreigners in Bangkok and Pattaya on both the district office route and the court route.

The Bureau of Registration Administration recorded 305,490 registered marriages and 146,159 divorces in Thailand in 2022. That is about 48 divorces for every 100 marriages that year, or about 400 divorces a day. As in many western countries, the number is going up.

Important parts of any divorce in Thailand or abroad

Child Custody and Support in Thailand

In Thailand, child custody is called “parental power.” It includes the rights and duties of parents to their children until the children turn 20. This includes determining the child’s residence, managing discipline, overseeing education, and handling property matters. Upon divorce, custody arrangements can be settled through mutual agreement or court intervention. If both parents agree on custody terms, these should be documented in the divorce agreement. In disputes, the Thai Family Court will decide what is best for the child. They will look at the child’s age, health, emotional bonds, and the parents’ ability to care for them.

Thai law prioritizes the child’s best interests when determining custody (‘Parental Power’). This can be agreed upon mutually in an uncontested divorce or decided by the court in a contested case. Both sole and joint custody arrangements are possible.

Child support is a separate question from custody. The parent who does not have custody normally pays toward the child’s upbringing. The amount is set by agreement or by the court, looking at what the child needs and what the paying parent can afford. Put it in writing, in the agreement or the court order, so it can be enforced. For more information on custody matters, refer to our Child Custody in Thailand guide.​

How long does child support last, and can it be changed? Parental power runs until the child turns 20, and under Section 1564 the duty to maintain an adult child survives only where that child is disabled and unable to earn a living. Most divorce settlements go further and commit the paying parent to support the child through university, which is entirely valid: Supreme Court Decision No. 1694/2569 (Juvenile and Family Division) confirms that an agreement to maintain a child past majority is enforceable in Thailand.

What the same decision also confirms is that the amount never becomes untouchable. Under Section 1598/39 either parent, or any other interested person, may apply to revoke, reduce, increase or restore maintenance where circumstances, income or condition in life have changed, and that power applies even to figures fixed by a compromise approved by the court. In 1694/2569 the father was released from all future payments with effect from 9 June 2566: the daughter was 25 and working, and the son had completed his bachelor’s degree, the event the agreement itself named as the end of payments for him and of the mother’s maintenance. The father had also pleaded that he had retired without a stable income, but the Court rested on those two facts. Critically, the court read the settlement wording “bachelor’s degree or the highest level of education” as meaning whichever came first, so the first degree ended the obligation. If you intend to fund postgraduate study, the agreement must say so in terms. See our full analysis on child custody in Thailand.

Alimony (Spousal Support Laws) in Thailand

Alimony, or spousal support, refers to financial assistance provided by one spouse to the other after divorce. In Thailand, alimony is not given automatically. It must be requested and explained. The court weighs the payer’s ability to pay and the recipient’s position (section 1526). Thai law knows three sources of post-divorce support, not the American categories of temporary, rehabilitative or permanent alimony:

• The living allowance (section 1526): only where the divorce is granted for a ground that is the fault of the other spouse alone and the divorce leaves the claimant poorer, without enough income from property or work. The court may award what it thinks fit, or nothing, weighing the payer’s means and the recipient’s position, and the claim is lost unless it is made in the plaint or counterclaim in the divorce case itself.
• Divorce for insanity or a serious contagious disease (section 1527): the other spouse must pay a living allowance to the spouse who is ill, calculated in the same way.
• Agreed maintenance: whatever the spouses write into a divorce agreement, which is the usual route in a divorce by mutual consent.

A statutory living allowance ends if the recipient remarries (section 1528), and the court can later vary it on a change of circumstances (section 1526 applies section 1598/39).

The court has discretion in awarding alimony and will consider the specifics of each case. It’s advisable to seek legal counsel to understand one’s rights and obligations regarding spousal support.

Warning: do not tie your alimony to your child’s education. Supreme Court Decision No. 1694/2569 (Juvenile and Family Division) is a hard lesson in drafting. The wife’s own maintenance had been written to run until her son graduated. When the son completed his bachelor’s degree, her maintenance ended with it, and the husband was released from all future payments under the settlement, including the maintenance for both children.

Spousal maintenance agreed in a settlement should be given its own duration, its own end date and its own review trigger, drafted separately from anything concerning the children. Keep it distinct in your mind from the statutory living allowance under Section 1526, which is narrower: it is available only where the divorce is granted on the sole fault of the other spouse, the divorce leaves the claimant poorer, and the claim is raised in the divorce pleadings. In a divorce by mutual consent, your maintenance is only as strong as the clause you signed. And because Section 1598/39 keeps maintenance open to variation, do not rely on a clause declaring the figure “final and not subject to variation”. Build the review mechanism you want into the agreement rather than assuming variation cannot happen.

Division of Marital Property in Thailand

Property division in a foreign divorce in Thailand does not always follow Thai law. Without a prenuptial agreement, land and buildings in Thailand follow Thai law, while other assets follow the spouses’ national law, or the husband’s national law if their nationalities differ (Conflict of Laws Act section 22). The Thai Civil Code separates marital assets (สินสมรส) from personal property (สินส่วนตัว). This is important for expats who are divorcing a Thai spouse. If the property is abroad, other laws might apply. The two kinds of property are treated very differently when you divorce under Thai law, so sort out which is which first.

• Personal Property (สินส่วนตัว, Sin Suan Tua): This includes assets that a spouse owned before the marriage. It also includes assets received personally during the marriage as an inheritance or a gift. Personal tools or items needed for work can also fall under this category. The property, Sin Suan Tua, stays as the separate property of each spouse. It is usually protected in a marriage. not subject to division between the couple upon divorce. It belongs solely to the original owner.
• Marital Property (สินสมรส, Sin Somros): This encompasses assets, other than inheritances and gifts to one spouse (section 1471), acquired by either spouse during the course of the marriage. This includes money from jobs or businesses, property bought during the marriage, and investments made while married. It also includes income from Sin Suan Tua, like rent from a condo you already own. Under Thai law, Sin Somros is considered jointly owned property. Upon divorce, it is generally subject to an equal (50/50) division between the spouses. This assumption of equal division can change with a valid prenuptial agreement or the spouses’ own divorce agreement. Section 1533 itself gives each spouse an equal share, and section 1534 treats assets a spouse wrongly disposed of as still there.

Go through every asset and decide whether it is Sin Suan Tua (personal) or Sin Somros (marital). Everything else in the division follows from that list. If you wish to know more about this division of assets in a divorce, consult our page here.

In cases where there’s ambiguity about the nature of an asset, it is presumed to be marital property. To avoid disputes, couples should keep clear records of who owns what, as this can affect the relationship of husband and wife. They should also think about drafting a prenuptial agreement before getting married. These agreements can outline how to classify and divide assets. This helps provide clarity and reduce conflicts during a divorce.

Can a prenuptial agreement be enforced in Thailand?

Yes, prenuptial agreements are legally recognized in Thailand as long as they follow Thai legal requirements. You must register the agreement at the district office. This is called Amphur or Khet. Its terms must be entered in the marriage register, or it must be made in writing, signed by both spouses and at least two witnesses, annexed to the register and noted in it, at the time the marriage is registered (Civil and Commercial Code section 1466); an agreement not made that way is void. If properly drafted and filed, a Thai court will usually enforce the terms during a divorce. The prenuptial could have an impact on the separation of assets in a Thai divorce.

Costs of a Contested Divorce in Thailand

In a contested divorce, the main fixed cost is the court fee. For most cases without financial claims, it is only 200 Baht. If there is a dispute over marital property, the court fee is 2% of the amount claimed up to 50 million baht, capped at 200,000 baht, plus 0.1% of any part above 50 million baht (Civil Procedure Code, Table 1). Lawyer fees for a Thailand divorce are separate and depend on your chosen attorney. To understand the process and fees before filing a case, read: What to Know Before You Go to Court in Thailand. This includes the importance of knowing divorce law in Thailand.

How to File for Divorce in Thailand: Step-by-Step for Expats

Filing for divorce in Thailand involves two main paths: administrative (uncontested) and court-based (contested). For expats, both paths are open, but the correct procedure depends on your specific situation. In this section, we explain the legal process under Thai family law for expats. This applies if you are filing against a Thai spouse or another foreigner.

Before filing for divorce in Thailand, expats must ensure the Thai court has jurisdiction. If your marriage is registered in Thailand, the Thai family court can handle your case. This is true if one spouse is Thai or if both partners lived together in Thailand. This applies whether you’re divorcing a Thai spouse or another foreigner. For uncontested cases, expats in Thailand can often get a divorce at the district office. This is true if both parties agree and the marriage was registered locally.

When a divorce is contested in Thailand, the process starts by filing a petition. This is done at the Juvenile and Family Court for the area where the defendant spouse lives or where the cause of the divorce arose (Civil Procedure Code section 4); the plaintiff’s own court is available only in the cases section 4 ter allows. After the petition is submitted, the court sends a summons to the other spouse. This gives them a chance to respond or file a counterclaim if they want.

The court will then schedule what is called a preliminary hearing. This first hearing is important because it often focuses on negotiation. Judges in Thailand usually encourage both sides to reach a settlement if possible. If you can agree on some or all issues at this stage, it can save a lot of time, stress, and money. However, if no settlement is reached, the case will move forward.

Both sides must then prepare to present their evidence. This may include financial documents, witness statements, or anything else that backs their stance on important issues. These issues can be property division, child custody, or spousal support. It may take several hearings to review all the evidence, depending on how complex the case is.

If the case cannot be settled during negotiations or hearings, it proceeds to a full trial. The judge will listen to both parties, review the evidence, and eventually issue a final decision. This judgment will decide everything about the divorce. It will determine who gets custody of the children. It will also outline how to divide marital property. Lastly, it will state if any financial support needs to be paid.

A divorce by judgment takes effect when the judgment becomes final (Civil and Commercial Code section 1531). It should then be recorded at the district office (Amphur or Khet), because until it is, the divorce cannot be relied on against third parties acting in good faith.

Divorce for Foreigners in Thailand (Expats Thai Divorce)

Yes, foreigners can divorce in Thailand, whether the other spouse is Thai or another foreigner. The extra step for a foreigner is working out how Thai law meets the law of your home country.

Thailand’s Conflict of Laws Act applies when foreign nationals are involved. Under its section 27, a Thai court decides a divorce filed in Thailand on the Thai grounds for divorce, but it cannot grant the divorce unless the national laws of both spouses permit divorce.

First off, a Thai court needs to have the authority, or jurisdiction, to handle your case. Thai courts usually have authority if the marriage was registered in Thailand. They also have authority if one spouse is Thai. Lastly, if the couple last lived together in Thailand, the courts have jurisdiction. Foreigners can register an uncontested divorce at the Amphur or Khet where the marriage was registered in Thailand (section 1515), and a divorce by consent is valid only if both spouses’ national laws allow it (Conflict of Laws Act, section 26). For a marriage registered abroad, Decision 5887/2533 says the spouses can still register a consent divorce under the Family Registration Act, but a district office may not accept it without a Thai record of the marriage, so a Family Court judgment is usually the safer route.

Then comes the question foreign clients ask first: whose law applies? Thailand’s Conflict of Laws rules answer that, and the answer depends on your facts. What is certain is the procedure: in a Thai court, filings, deadlines and hearings always follow Thai procedural law.

Regarding the reason or grounds for the divorce, things get more nuanced. Whatever the spouses’ nationalities, the grounds for a divorce filed in Thailand are the Thai grounds (Conflict of Laws Act section 27, paragraph 2). Separately, a Thai court cannot grant the divorce unless the national laws of both spouses permit divorce. This law covers the reasons for divorce, as explained in the Civil and Commercial Code Section 1516.

When it comes to dividing assets, especially property located within Thailand, Thai law generally takes precedence. Without a prenuptial agreement, land and buildings in Thailand follow Thai law, while other assets follow the spouses’ national law, or the husband’s national law if their nationalities differ (Conflict of Laws Act section 22). Where Thai law applies, it distinguishes marital property, known as Sin Somros, from personal property, called Sin Suan Tua. These rules will likely affect how assets earned during the marriage in Thailand are shared. Handling property outside Thailand usually needs legal action in the country where the property is located. This is based on that country’s laws.

For decisions about child custody or parental rights made by a Thai court, the main rule is the “best interests of the child.” This rule applies especially to children living in Thailand and follows Thai law.

It’s also vital to remember prenuptial agreements. While helpful, a prenup signed abroad needs careful review to see if it holds water under Thai law. To be enforceable in Thailand, especially for property division, it must meet Thai legal rules. This usually means it should be made before marriage and registered with the marriage registration in Thailand.

Remember that getting a Thai divorce judgment recognized or enforced in your home country can require different legal steps. Get advice on this before the Thai judgment is issued, not after, because what your home country needs can affect how the Thai papers should be prepared.

Divorcing in Thailand from a Foreign Marriage

If you got a divorce outside of Thailand, you may need to file a claim for divorce according to local rules. This is very important if you are a Thai citizen. It is also important if you plan to remarry, transfer property, or update your marital status in Thailand. Legal representation is highly recommended, especially when dealing with property division or custody of children.

To register a foreign divorce in Thailand, follow these steps:

1. Certify your divorce decree with the right authority in the country where it was issued. This is usually the Ministry of Foreign Affairs or a similar department.
2. Translate the certified divorce judgment into Thai by an officially recognized translator.
3. Legalize the Thai translation at the Royal Thai Embassy or Consulate in the country where the divorce took place.
4. When you go back to Thailand, take the original divorce papers, the Thai translation, and the legalization documents. Bring these to your local Amphur (District Office) to register the divorce.

💡 Note: If the divorce was registered in another country without a court case, Thai authorities may not recognize it. In some cases, a Thai Family Court may need to review the foreign divorce to confirm its validity under Thai law.

ThaiLawOnline can help you with translations. We can check if your foreign divorce can be registered. We will guide you through the whole process.

The Conflict of Law Act B.E. 2481 outlines the following rules about divorces:

• Section 26: A mutual consent divorce is valid if both the husband’s and wife’s countries allow it.
• Section 27: A Siamese (Thai) court cannot grant a divorce unless both the husband’s and wife’s national laws allow it. The same section then settles which grounds apply: the grounds for divorce are governed by the law of the place where the divorce action is filed, so a divorce brought in Thailand is decided on the Thai grounds in section 1516 whatever the spouses’ nationalities.

In Supreme Court Decision 5887/2533 the court decided that a mutual consent divorce is only valid between the two people involved. This ruling was made in a case where one party was Thai and the other was Indian. It cannot affect third parties acting in good faith unless the divorce is officially registered, the rule now found in section 1531 of the Civil and Commercial Code. Because the husband refused to register the written divorce, the wife sued and the court ordered the divorce so that it could be recorded in the register.

Cost of divorce lawyer Thailand

Our fee for an uncontested divorce is a fixed 9,900 THB. It includes a consultation, a bilingual divorce agreement and clear instructions for the district office. A contested divorce goes to court and is quoted after a consultation. See the full divorce cost breakdown and all our fixed fees.

A contested divorce costs more: court filings, evidence, travel and hearings all add up. Every case is different, so the honest answer on price comes after a consultation (2,000 baht per hour), when we have seen your file and can give you a written estimate. In court, a foreigner who does not speak Thai needs an interpreter.

Court procedure in a divorce in Thailand is the same for Thai or foreigners, but a foreign spouse must also meet the national-law test in section 27 of the Conflict of Laws Act. Foreigners might need additional translation and interpreters. All translation and interpreter must be added to the normal fees of attorneys. A good family law lawyer in Bangkok is around 3,000 to 10,000 baht per hour.

Do not forget that if you claim some properties from your spouse, you might have to pay “Court Fees”. We explain these in our text about “What do know if you are going to Court in Thailand”. The cost of a court case depends on how complex it is. We give you a written fixed quote after a consultation, before any work starts. Read our article about “What to know before going to Court” in Thailand. It explains the power of attorneys and court fees.

Divorce by Consent When One Party is Abroad

In Thailand, it is possible for couples to divorce by mutual consent even if one party is living abroad. However, this option is not available everywhere. If you are thinking about this path, first contact the Thai embassy or consulate in your country. They can help with the divorce process, especially if you are a foreign spouse. Some embassies allow you to start the divorce there, but procedures can vary widely depending on the location.

Based on our experience at ThaiLawOnline, we have seen several problems when clients chose this method. In a divorce case between Thailand and the United Kingdom, important documents were lost during the transfer between offices. This caused significant delays and additional stress for everyone involved. For this reason, we strongly suggest that both parties meet in person at an Amphur (District Office) in Thailand when possible. Divorcing in person is usually faster, smoother, and reduces the risk of administrative errors.

If you need more information about divorce when one person is in another country, you can find it in the official guide. The guide is from the Ministry of Foreign Affairs. You can access it here: Divorce Between Different Registration Offices (in Thai).

How to Enforce a Thai Divorce Decree Abroad

Consult with a local lawyer where you need to enforce your decision. In short, each country has its own rules. You may need local legal advice to ensure your Thai divorce is fully enforceable abroad.

Normally, you will need to translate and legalize your original divorce from Thailand. It must also be legalized (authenticated) by the Thai Ministry of Foreign Affairs. We explain the legalization process here. Again, some countries might not recognize a divorce by mutual agreement and you need to verify with foreign attorneys.

Real-life examples of foreigners divorcing in Thailand

FAQS about Divorce in Thailand

Testimonials about Divorce in Thailand and services of ThailawOnline

• A big thank you to Sebastien Brousseau and his team, very professional and responsive, a great help when dealing with administrative offices that have no experience with mixed marriages and usufruct contracts. I recommend +++ (by Philippe L. September 2022)
• “I cannot speak highly enough of the exceptional legal services provided by Thai Law Online during my divorce proceedings, particularly in relation to child custody matters. From start to finish, their expertise, efficiency, and compassion made an undoubtedly difficult process significantly more manageable. Navigating Thai law can be daunting, but Sebastien and Khun Wichuda demonstrated an unparalleled command of the legal landscape, ensuring every aspect of my case was handled with precision and care. They were quick on their toes, anticipating challenges and adeptly resolving them. One aspect that truly set them apart was their attention to detail, especially in translating crucial documents. Given the complexity of the proceedings, their ability to ensure accurate translations was invaluable. They also helped procured the legal translations through the Ministry of Foreign, which if doing so alone, would have been a very time consuming and daunting task. Their professionalism was also consistently impressive; communication was prompt, clear, and always responsive. Whether via phone or email, I never felt out of touch or uncertain about the status of my case. I wholeheartedly recommend Thai Law Online for anyone navigating divorce proceedings in Thailand. Their blend of legal expertise, cultural understanding, and genuine compassion makes them an indispensable ally during what can be a challenging time.” (by Alice K. South Africa (5 May 2024))
• “Great service combined with thorough AI research. Sebastian took the time to add a very helpful narrative giving me context, explanations of the AI information, and a summary of his experience regarding my question. I feel much more confident how to proceed and how I can use his services to come up with the best solution to help my child. I know from past experience with Sebastian that he’ll go the extra mile leading to a very effective and clear final product.” by Jason B. (American, January 2024)
• “I’ve worked as a government lawyer myself for many years, and I’ve had some court experience too, and I know precisely what I’m looking for, when I choose a law firm abroad to represent me in a legal case. In Thailand I regrettably had to go through a divorce with my Thai wife after a very short-lived and unhappy marriage. My wife surprisingly didn’t want to settle things amicably, but chose instead to put forward legal and extensive financial claims against me. Sebastien and his team made a solid divorce agreement that protects me from any further financial losses that otherwise might have occurred, stemming from the period of our short-lived marriage. The divorce agreement effectively prevents my ex-wife from putting forward any further financial claims, both now and later. The work from Sebastien and his time that was produced in my case, is of a high legal quality, and their work methods are thorough and extensive. They leave no relevant stone unturned when they prepare a court case. They serve their client’s best interest, also in the long-term perspective, which is equally important as the short-term perspective. And they did all this at a reasonable rate. I’ll gladly recommend Sebastien to anyone who is in need of legal aid.” (by M. (The client wished not to publish his name or country), Scandinavia.)

Why foreigners use us for a divorce in Thailand

Family law is a core part of our practice. We speak your language, and we understand what matters to a foreigner going through this. We handle Thai divorces for foreigners from Bangkok to Chiang Mai and Phuket. An uncontested divorce with us is a fixed 9,900 baht. If you want to talk it through first, book a confidential consultation.

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Links about a Divorcing in Thailand:

• The ministry of interior is responsible for marriages and divorces at the local authorities
• Checklist for Expats about Divorce in Thailand (.pdf)
• Comprehensive Guide about Divorce in Thailand by ThaiLawOnline (.PDF)

If you are thinking about divorce in Thailand, remember that both people must sign in person for uncontested cases. You may need a lawyer for contested divorces. An uncontested divorce does not require you to prove anyone was at fault.

The steps and requirements are in the Thai Civil and Commercial Code. A court divorce can take a long time and needs a lot of paperwork, which is where a lawyer earns the fee.

How much does a divorce in Thailand cost? We publish our real prices: an uncontested divorce is a fixed 9,900 baht package. See the full divorce cost breakdown (2026) or all our fixed fees on the legal fees page.

Our fee for an uncontested divorce

These fees come from one source and are the same everywhere on this site. See all our fees.

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