การหย่าร้างในประเทศไทย: ขั้นตอนทางกฎหมาย ค่าใช้จ่าย และคำแนะนำ

อัปเดตล่าสุดเมื่อวันที่ 12 เมษายน 2569

🎧 Listen to Divorce in Thailand Explained

Before you read further, you can listen to our short audio guide about divorce in Thailand. It explains the basics you need to know if you are considering a divorce in Thailand as an expat or foreigner.

✨ Key Takeaways of Divorce in Thailand

• 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, and mutual consent form .
• 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. It’s smart to write this 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 .

Understanding the difference between an uncontested divorce at the district office and a contested court divorce is key. For foreign residents, preparing accurate documents—especially agreements on finances and children, is essential. Working with a Thai lawyer who speaks English can make things faster. It helps you follow Thai law and avoid problems.

บทความต่อไปนี้เขียนร่วมกันโดย นายเซบาสเตียน เอช. บรูสโซ (ปริญญาตรีด้านกฎหมาย, ปริญญาตรีด้านวิทยาศาสตร์ บริหารสำนักงานกฎหมายไทยตั้งแต่ปี 2549) และ คุณวิชชุดา อรรถเมธากร (นิติศาสตร์บัณฑิต, ทนายความและทนายความชาวไทย). They both have done hundreds of divorces in Thailand and can help you out.

Foreigners Divorce in Thailand: What Expats Need to Know

If you’re an expat or foreigner living in Thailand and considering a divorce, understanding how Thai Family Law for Expats works is critical. This section explains jurisdiction, applicable law, and your rights under Thai Civil Code Section 1516. Thai law recognizes two primary types of divorce: uncontested divorce (mutual agreement) and contested divorce (through the court system). If both spouses agree to separate and on the terms, the process is usually quick and simple. But if there is disagreement, it can become a long and challenging court battle.

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 couple resides in Thailand, typically for two or more years

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

Key Aspect	Quick Details
Types of Divorce	ไม่มีข้อโต้แย้ง (mutual consent) or โต้แย้ง (court judgment)
Residency Rules	Either spouse must be Thai, or the marriage must be registered in Thailand. The couple can also have a strong connection to Thailand. This connection could be living here for two years or having one spouse work here
แผนกทรัพย์สิน	Often split 50-50 unless there’s a valid prenuptial or court ruling
การดูแลบุตร	Decided based on child’s best interests, can be shared or sole
Common Grounds	Adultery, desertion, cruelty, disappearance, etc.
Time Frame	Uncontested: ~1 day at local district office; Contested: ~6-12 months

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 appear in person at the district office (amphur or amphoe, เขต in Bangkok) where the marriage was registered. 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 ใบรับรองการหย่าร้าง  (ใบสำคัญการหย่า) on the same day.

In contested divorces, the process begins by filing a petition at family court. This petition is for cohabitation as husband and wife. 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 การดูแล, property division, and alimony.

ใน 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 avoids. 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.

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 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 cohabit as husband and wife.

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 ข้อตกลงการหย่าร้าง (sometimes called a Consent Agreement). This document lays out all the terms you’ve settled on. Both of you need to sign it ก่อน 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 problems.

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: Usually, you’ll register the divorce at the same Amphur/Khet where you registered your marriage. Going to a different office might be possible, but you both have to agree.
• Go Together: This isn’t something you can do separately or send someone else for. Both spouses must show up in person.
• 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 ใบรับรองการหย่าร้าง (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?

It’s essential to be detailed and clear. A strong agreement should cover what happens with your house, bank accounts, investments, and children. Specify timelines, amounts, and who is responsible for what.

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 must include details about:

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

Understanding the implications of Thai divorce on your legal and financial status is crucial for all parties involved.

If your marriage was registered abroad, you may need to first register it with the Thai authorities before proceeding. ThaiLawOnline can help guide you through this administrative process.

เอ judicial divorce is needed when there are disagreements. This often happens over property division or child custody. Divorce cases like these need a Thai lawyer. They may take more time and resources to resolve especially if the husband and wife will cause disputes. This agreement covers all important terms. It helps make the process easier at the district office. A การหย่าร้างที่มีการโต้แย้ง happens when one spouse disagrees with the divorce or the terms. This disagreement leads to a court case in a family court in Thailand. This legal process can be very stressful. It may involve many hearings. This is especially true for issues like living together as a couple or making custody plans after divorce.

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, especially when a Thai spouse is involved. 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 เหตุผลในการหย่าร้าง 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 submit it to the Amphoe for approval. 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:

พื้น	คำอธิบาย
การนอกใจ	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.
การละทิ้ง	Abandonment for more than 1 year without reasonable cause.
3-Year Separation	Living apart for at least 3 years by mutual consent or court order.
การจำคุก	One spouse is imprisoned for more than 1 year, and the other cannot reasonably live with them.
Disappearance	A spouse disappears for more than 3 years without news.
Incurable Insanity	Mental illness for over 3 years, making married life unreasonably difficult.
Broken Duty	A spouse fails to support or care for the family as legally required.
Incurable Disease	One spouse has a dangerous, incurable disease that causes serious harm.
Physical Disability	A spouse has a permanent disability that makes cohabitation impossible.

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

Engaging a qualified attorney can be beneficial for navigating a divorce, particularly if disputes arise over child custody or property division.

Important Note: Pursuing a contested divorce and proving these grounds can be a complex legal process requiring substantial evidence. It is a good idea to talk to an experienced Thai family lawyer. They can help you understand your situation and whether you can prove your case in court.

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 has sexual relations outside the marriage, the other spouse has the right to petition the court to dissolve the marriage. 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.

In 2024, a big legal change happened. 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. Compensation can vary, but amounts often range from 100,000 to 1,000,000 baht, depending on the situation.

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 ประมวลกฎหมายแพ่งและพาณิชย์ของไทย 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 consider each party’s contributions, financial situation, and the best interest of the child when making decisions.

How Can a Thai Lawyer Assist in Divorce Proceedings?

A qualified Thai family lawyer ensures your rights are protected. They will:

• Advise you on what documents and evidence to gather
• Draft or review your divorce settlement
• Represent you in court if needed
• Help with translations and official procedures

If you’re based in Bangkok or Pattaya, you can find skilled lawyers at ThaiLawOnline. They often help expats with both administrative and contested divorces.

According to the Bureau of Registration Administration (BORA), Thailand recorded 305,490 registered marriages and 146,159 divorces in 2022. This means that for every 100 couples who got married that year, about 48 couples divorced. This is about 400 divorces each day across the country.

Divorce Trends in Thailand : Like in many western countries, it is going up.

Important parts of any divorce in Thailand or abroad

If you are thinking about divorce in Thailand, it is important to work with lawyers who know family law there.

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 but related issue. The non-custodial parent is typically required to contribute financially to the child’s upbringing. The amount is decided by agreement or court order. It considers the child’s needs and the paying parent’s finances. It’s crucial to formalize these arrangements to ensure enforceability and clarity for both parties. For more information on custody matters, refer to our การดูแลบุตรในประเทศไทย guide.​

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. Factors include the length of the marriage, the living standards during the marriage, and each spouse’s financial situation. There are different types of spousal support recognized under Thai law:​

• Temporary Support: Financial assistance provided during the divorce proceedings to support the lower-earning spouse.​
• Rehabilitative Support: This is short-term help for the recipient spouse. It aims to help them become financially independent, often through education or job training.
• Permanent Support: Ongoing support lasts indefinitely. It usually continues until the recipient remarries or one party dies. This support can cause problems if not handled properly
• Reimbursement Support: Compensation for expenses incurred by one spouse in support of the other’s education or career advancement during the marriage.​

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.

Division of Marital Property in Thailand

Property division in a foreign divorce in Thailand follows Thai law. This is true, especially if the assets are in the country. 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. It is important to understand the difference between these two types of property. They are treated very differently in a divorce under Thai law

• 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. ไม่ subject to division between the couple upon divorce. It belongs solely to the original owner.
• Marital Property (สินสมรส – ซิน ซอมรอส): This encompasses all assets 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, ซิน ซอมรอส 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 ข้อตกลงก่อนสมรส or special court decisions.

Identifying and classifying each asset is important in a Thai divorce. You need to determine if an asset is Sin Suan Tua or Sin Somros. This step is crucial for dividing property. 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?

ใช่, ข้อตกลงก่อนสมรส 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. You need to do this before registering the marriage. 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 claimed amount. If the property value is under 300,000 Baht, the fee is 1,000 Baht. If it is over 300,000 Baht, the maximum fee is 200,000 Baht. 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 family court where either spouse lives. 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.

After the judgment is issued, the divorce must be registered at the district office. This is called Amphur or Khet. This step makes the divorce official under Thai law. Only then is the divorce legally recognized and complete.

Divorce for Foreigners in Thailand (Expats Thai Divorce)

Getting divorced is complex anywhere, but navigating the process as a foreigner in Thailand adds another layer. The good news is that foreigners or expats can divorce in Thailand. This applies whether they are married to a Thai national or another foreigner. However, understanding how Thai law interacts with your situation is key.

Thailand’s Conflict of Laws Act applies when foreign nationals are involved. Thai courts can sometimes apply foreign law if both spouses share the same nationality, but this is rare. Most often, Thai family law will govern.

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. For simpler, uncontested divorces agreed upon by both parties, foreigners can often register their divorce administratively at the local Amphur or Khet office, particularly if the marriage was originally registered in Thailand or both consent to the Thai process.

A common and crucial question then arises: whose law applies? This is where Thailand’s “Conflict of Laws” rules come into play, and it’s not always straightforward. In a Thai court, the process is important. This includes how things are filed, timelines, and court procedures. Thai procedural law will always be followed.

Regarding the reason or grounds for the divorce, things get more nuanced. If both spouses share the same foreign nationality, Thai law allows for the grounds recognized by their home country’s law to be applied. If the spouses are from different countries, Thai law usually applies. This also applies if one spouse is Thai and the other is from another country. 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. No matter where you are from, Thai law will determine how property is divided in a marriage. This includes marital property, known as Sin Somros, and 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. Navigating these international issues can be complex. It is highly recommended to seek advice from a lawyer who knows Thai family law, especially for foreigners. This will help protect your rights and clarify the specific implications for your situation.

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 Thailandโปรดทำตามขั้นตอนเหล่านี้:

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 ที่ 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.

In a Supreme Court case (s.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. This is according to section 1515 of the Civil and Commercial Code.

Cost of divorce lawyer Thailand

Estimating the exact cost of a divorce lawyer in Thailand beforehand can be challenging, but understanding the potential range helps. For a simple uncontested divorce cost in Thailand, fees can start from around THB 20,000 to 60,000. This is just an estimate and can vary. ThaiLawOnline is quite cheap at 9,900 baht including consultation, a bilingual divorce agreement and instructions.

However, contested divorce lawyer fees in Thailand will be higher. This is due to court filings, preparing evidence, transport, and hearings. Because every separation has unique circumstances, the most reliable way to determine the specific legal fees for divorce in Thailand applicable to your case is by scheduling an initial consultation. This allows a qualified lawyer to assess your situation and provide a tailored fee structure or estimate. Do note that interpreters are important in court. They help represent foreigners, whether you need a divorce lawyer in Bangkok or in Pattaya.

The process of a divorce in Thailand is identical for Thai or foreigners. However, 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.

The laws about divorce in Thailand are complicated. It is important to get advice to follow all legal rules.

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”. Court cases can cost between 20,000 and over 500,000 baht. The cost depends on how complex the case is. For a foreigner, the average cost is about 100,000 baht. This includes interpreter fees, legal advice, and transport. However, it does not cover court fees. 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 Sébastien 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 Sébastien 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 use ThaiLawOnline for a Divorce in Thailand?

ThaiLawOnline are specialist of family law. Not only we can speak your language, but we understand your values and priorities. At ThaiLawOnline, we assist many foreigners. We guide them through the Thai divorce process, from Bangkok to Chiang Mai and Phuket. Start with a confidential consultation. Take the next step:

Ready to proceed with an agreement?

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 be there for uncontested cases. You may need a lawyer for contested divorces. It’s important to note that Divorce in Thailand does not necessarily require proving fault, especially in uncontested cases.

When filing for divorce in Thailand, people should know the legal steps and requirements. These are explained in the ประมวลกฎหมายแพ่งและพาณิชย์ของไทย. Court proceedings for Divorce in Thailand can be lengthy and require detailed documentation, emphasizing the importance of legal aid.