Divorce in Thailand is governed by Book V of the Civil and Commercial Code, supplemented by the Family Registration Act and the Family and Juvenile Court Procedure Act B.E. 2553 (2010). Thai law recognises only two routes to dissolution of marriage. The first is administrative divorce by mutual consent, registered at any district office (amphoe) under Section 1514 paragraph 1 of the Civil and Commercial Code. The second is judicial divorce, granted by the Juvenile and Family Court on one of the twelve statutory grounds set out in Section 1516. The framework was substantially reshaped by the Civil and Commercial Code Amendment Act No. 24, B.E. 2567 (2024), better known as the Marriage Equality Act, which took effect on 22 January 2025 and replaced every gender-specific reference in Book V with neutral terms such as "spouses" and "persons", giving same-sex couples identical rights and obligations on divorce as opposite-sex couples. This guide explains, in operational detail, how each route works, what each ground for divorce requires, how marital property is divided between sin somros and sin suan tua, how custody and parental power are decided, what spousal maintenance and damages can be claimed, and how foreign marriages and foreign judgments are treated by Thai courts.
Legal Framework Governing Divorce in Thailand
Thai family law is codified rather than judge-made. The substantive rules sit in the Civil and Commercial Code; the procedural rules sit in the Family and Juvenile Court Procedure Act and the Civil Procedure Code; the registration rules sit in the Family Registration Act. International elements are handled through Thailand's accession to the Hague Convention on the Civil Aspects of International Child Abduction, implemented domestically by the Convention on Civil Aspects of International Child Abduction Act B.E. 2555 (2012).
Key Statutes and Regulations
| Instrument | Date in Force | Subject Matter |
|---|---|---|
| Civil and Commercial Code, Book V (Family) | 1 October 1935 (with successive amendments) | Substantive rules on marriage, divorce, marital property, parental power, custody, maintenance, and adoption (Sections 1435 to 1598/41). |
| Family Registration Act B.E. 2478 (1935) | 1 October 1935 (as amended) | Registration of marriages, divorces, recognition of children, adoptions, and other family events at district offices. |
| Civil and Commercial Code Amendment Act (No. 16) B.E. 2550 (2007) | 27 September 2008 | Modernised divorce grounds in Section 1516, expanded property-division rules, and reformed the law on damages and maintenance after divorce. |
| Family and Juvenile Court Procedure Act B.E. 2553 (2010) | 22 May 2011 | Procedural code for the Juvenile and Family Courts, including mandatory mediation, social-welfare reports, and best-interests-of-the-child principles. |
| Convention on Civil Aspects of International Child Abduction Act B.E. 2555 (2012) | 20 November 2013 | Implements Thailand's obligations under the 1980 Hague Convention; designates the Ministry of Social Development and Human Security as the Central Authority. |
| Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 (2024) — Marriage Equality Act | 22 January 2025 | Replaces "husband and wife" and "man and woman" with "spouses" and "persons" throughout Book V; extends every right, duty, and ground for divorce to same-sex couples on identical terms. |
The Civil and Commercial Code itself is the controlling instrument. Sections 1514 and 1515 establish the two routes to divorce and the registration formalities; Section 1516 lists the grounds for judicial divorce; Sections 1517 to 1525 deal with the consequences of divorce, including damages, maintenance, and time bars; Sections 1532 to 1535 govern liquidation of marital property; Sections 1564 to 1566 govern parental power. The full Thai-language text is published in the Royal Thai Government Gazette and is available, in English translation, on our Civil and Commercial Code Book V resource page.
The Marriage Equality Act and Its Effect on Divorce Law
The Civil and Commercial Code Amendment Act No. 24, B.E. 2567, was published in the Royal Thai Government Gazette on 24 September 2024 and entered into force 120 days later, on 22 January 2025. Thailand became the first jurisdiction in Southeast Asia to recognise full marriage equality. For divorce practitioners, the substantive consequences are straightforward but important.
Every reference to "husband", "wife", "man", and "woman" in the marriage and divorce provisions of Book V was replaced by "spouse" or "person". The minimum age to marry was unified at 18 years for both spouses, removing the previous gendered defaults. The grounds for divorce in Section 1516 apply identically to opposite-sex and same-sex spouses. Property division under Sections 1532 to 1535, parental rights under Sections 1564 to 1566 (including for children adopted jointly by same-sex couples or born to one spouse and parented by both), and maintenance under Sections 1526 and 1527 are unaffected in their operative content but now apply to all spouses regardless of sex.
Marriages entered into before 22 January 2025 by same-sex partners abroad are recognised in Thailand from the date the Act entered into force. Couples who registered a foreign same-sex marriage before that date and who are resident in Thailand can rely on the Marriage Equality Act in any subsequent Thai divorce proceedings.
The Two Routes to Divorce in Thailand under Section 1514
Section 1514 of the Civil and Commercial Code provides that a marriage may be dissolved only by mutual consent or by judgment of a court. There is no third route. A unilateral repudiation is not recognised. A separation, however long, does not by itself end the marriage; it can constitute a ground for judicial divorce only if the conditions of Section 1516(4/2) are met.
Divorce by Mutual Consent (Administrative Divorce at the Amphoe)
Where both spouses agree to divorce and the marriage was originally registered in Thailand, the simplest route is registration of a divorce by mutual consent at any district office (amphoe or khet). The legal basis is Section 1514 paragraph 2, which requires the divorce to be in writing and to be certified by the signatures of at least two witnesses, and Section 1515, which provides that, where the marriage was registered under Thai law, the divorce by mutual consent is valid only if it is registered.
The amphoe registration is administrative, not judicial. A district registrar checks the identities and capacities of the spouses, verifies that the marriage is recorded in the Thai civil registry, witnesses the signing of the divorce agreement, and registers the divorce in the household-registration system. The divorce takes legal effect as between the spouses on the date of registration. Both spouses must appear in person at the same office on the same day, or, under the regulations issued by the Department of Provincial Administration, may sign at two different offices on coordinated dates with mutual representation by district officers.
The required documents are predictable and limited:
- The original marriage registration certificate (Khor Ror 3) or a certified copy.
- The official identification documents of both spouses (Thai national identity card for Thai nationals; passport for foreign nationals).
- The household registration document (Tabien Baan) where applicable.
- A signed divorce agreement covering custody of any minor children, child maintenance, division of marital property, and any spousal maintenance.
- For foreign nationals whose names appear on the marriage certificate, a sworn translation of the passport into Thai may be required by the registrar.
Government fees for an amphoe divorce registration are nominal and limited to the issuance of certified copies of the divorce agreement and the divorce certificate (Khor Ror 6 and Khor Ror 7). The substantive registration is free of charge under the Family Registration Act fee schedule.
Divorce by Court Judgment (Contested Divorce)
Where a spouse refuses to consent, or where the marriage was registered abroad and one spouse seeks divorce in Thailand, the only route is a judicial divorce. The plaintiff files a petition with the Central Juvenile and Family Court (for marriages registered or with a respondent domiciled in Bangkok) or the relevant Provincial Juvenile and Family Court. The petition must allege one or more of the twelve grounds in Section 1516, and the plaintiff bears the burden of proof.
The Family and Juvenile Court Procedure Act B.E. 2553 imposes a mandatory mediation phase before the court hears the merits. Mediation is conducted by a court-appointed mediator, often supplemented by a social welfare officer's report under Section 11 of the Act. Where mediation succeeds, the parties may convert the petition into a consent order, which has the legal effect of a court-ordered divorce and is registered with the amphoe in the same way as a mutual-consent divorce.
If mediation fails, the court hears evidence on the alleged grounds. The proceeding is adversarial in form but inquisitorial in spirit: the court has wide powers under Sections 23 to 31 of the Family and Juvenile Court Procedure Act to order independent expert reports, to interview the children separately, and to require the parties to disclose financial information for the purpose of property division and maintenance.
The Twelve Statutory Grounds for Divorce under Section 1516
Section 1516 of the Civil and Commercial Code, as amended in 2008 and gender-neutralised in 2025, provides an exhaustive list of grounds on which the court may grant a divorce. The list is closed: a Thai court has no jurisdiction to grant divorce on a residual ground of "irretrievable breakdown" of the marriage. Each ground has its own evidentiary threshold, and several have time bars under Section 1529.
| Section 1516 Sub-section | Ground | Practical Notes |
|---|---|---|
| 1516(1) | One spouse has given maintenance to or honoured another person as a spouse, has committed adultery, or has habitual sexual relations with another person. | Requires evidence of conduct, not merely opportunity. Photographs, hotel records, witness testimony, and DNA evidence in paternity cases are all admissible. |
| 1516(2) | One spouse is guilty of misconduct, irrespective of whether it is a criminal offence, where the misconduct causes the other spouse to suffer serious shame, hatred, or excessive injury or trouble. | The misconduct must objectively damage the marital relationship; subjective hurt feelings are insufficient. |
| 1516(3) | One spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or the other's ascendants. | Police reports, medical certificates, and protection orders are typical evidence. A single isolated incident may suffice if sufficiently serious. |
| 1516(4) | One spouse has deserted the other for more than one year. | Desertion requires both physical separation and an intent not to return; involuntary absence (work, illness) does not count. |
| 1516(4/1) | One spouse has been sentenced by final judgment to imprisonment and has been imprisoned for more than one year for an offence committed without participation, consent, or knowledge of the other. | The sentence must be final and the imprisonment must have actually exceeded one year. |
| 1516(4/2) | The spouses have voluntarily lived separately for more than three years because of inability to cohabit peacefully, or have been ordered by the court to live separately for more than three years. | The closest Thai analogue to no-fault divorce. The voluntary nature of the separation must be proved by both parties' conduct. |
| 1516(5) | One spouse has been adjudged a disappeared person, or has left the domicile for more than three years and it is uncertain whether the person is alive or dead. | Often used in conjunction with an application for declaration of disappearance under Sections 61 to 64 of the Civil and Commercial Code. |
| 1516(6) | One spouse has failed to give proper maintenance and support to the other, or has committed acts seriously prejudicial to the relationship as spouses, to such an extent that the other has suffered excessive trouble where the conditions, position, and cohabitation as spouses are taken into account. | Financial records and household-budget evidence are typical; the standard is contextual, not a fixed monetary threshold. |
| 1516(7) | One spouse has been an insane person continuously for more than three years, and the insanity is hardly curable, with the result that continued marriage cannot be expected. | Requires medical-expert testimony certified under the Family and Juvenile Court Procedure Act. |
| 1516(8) | One spouse has broken a bond of good behaviour previously executed by him or her. | Refers to a court-ordered bond imposed in earlier proceedings, typically in the context of domestic violence or related matters. |
| 1516(9) | One spouse is suffering from a communicable and dangerous disease, the contagion of which is permanent and may cause injury to the other spouse. | HIV alone is not sufficient under settled Supreme Court jurisprudence unless transmission risk and incurability are independently established. |
| 1516(10) | One spouse has a physical disadvantage so as to be unable permanently to cohabit as spouses. | Confirmed by medical evidence; the disability must pre-date the petition or have arisen during the marriage. |
Standards of Proof and Time Bars
The plaintiff bears the ordinary civil burden of proof, which in Thai practice is interpreted as a preponderance of credible evidence. Section 1529 of the Civil and Commercial Code sets a one-year time bar for divorce actions based on grounds 1516(1), 1516(2), 1516(3), and 1516(6) running from the date on which the plaintiff became aware of the cause of action. Failure to file within that window forfeits the right to rely on the ground, although the underlying conduct may still be relevant evidence in support of other grounds or in property and custody disputes. Grounds 1516(4), 1516(4/2), 1516(5), and 1516(7) are continuing grounds and become available only when the relevant duration is satisfied; the action may be filed at any time so long as the underlying state of affairs continues.
Forfeiture of the Right to Sue
Section 1518 of the Civil and Commercial Code provides that the right to claim divorce is extinguished where the spouse entitled to claim has consented to or connived at the conduct giving rise to the ground. Reconciliation after the cause of action arose, evidenced by resumption of cohabitation, is the most common manifestation of this rule. Section 1517 paragraph 2 adds a parallel principle that, where both spouses are at fault under the same ground, neither may rely on it.
Jurisdiction and the Family Court Structure
Family disputes are heard by specialised Juvenile and Family Courts, which sit in Bangkok and in every province. The Central Juvenile and Family Court has jurisdiction over family matters arising in Bangkok; provincial courts have jurisdiction in their respective provinces. Appeals lie to the Court of Appeal for Specialised Cases (Juvenile and Family Division), with a further appeal on points of law to the Supreme Court (Dika Court).
Where to File
Under the Civil Procedure Code Section 4 and the Family and Juvenile Court Procedure Act, the plaintiff in a divorce petition may generally file at the court for the place of the defendant's domicile, the place of the registered marriage, or, in some cases, the place where the cause of action arose. For foreign nationals married in Thailand who have since left, the place of registered marriage is often the most practical forum. Where one spouse is resident in Thailand and the other is abroad, the Thai court will typically accept jurisdiction provided the marriage has a sufficient connection to Thailand and proper service is effected on the absent spouse, including by international service through diplomatic channels under the Hague Service Convention where applicable.
Property Division: Sin Somros and Sin Suan Tua
Thai marital property law distinguishes two categories of property: sin suan tua (personal property) and sin somros (marital or common property). The distinction is critical because, on divorce, sin somros is divided equally between the spouses while sin suan tua remains with the spouse who owns it.
Sin Suan Tua: Personal Property under Sections 1471 to 1473
Section 1471 of the Civil and Commercial Code defines sin suan tua as property that:
- Belonged to either spouse before marriage.
- Is for personal use, dress, or ornament suitable for the spouse's social position, or is a tool necessary for carrying on the spouse's profession.
- Is acquired by either spouse during marriage by inheritance or gift.
- Is khongman (the property given by one spouse to the other to ensure marriage).
Section 1472 adds that property acquired in exchange for sin suan tua, or money received from sale of sin suan tua, retains the same character. Section 1473 provides that each spouse manages his or her own sin suan tua independently, unless agreed otherwise.
Sin Somros: Marital Property under Section 1474
Section 1474 of the Civil and Commercial Code defines sin somros as:
- Property acquired during marriage by either spouse other than as sin suan tua.
- Property acquired during marriage by gift or inheritance where the document of gift or the will declares the property to be sin somros.
- Fruits (including rental income, dividends, and natural increase) of sin suan tua.
The default classification, where a spouse cannot prove that an asset acquired during marriage is sin suan tua, is sin somros. The presumption is rebuttable but the spouse asserting personal-property status carries the evidential burden.
Equal Division under Section 1533 and Liquidation under Section 1532
Section 1532 of the Civil and Commercial Code provides that, on divorce by mutual consent, marital property is liquidated as it stood on the date of registration, and on divorce by court judgment, marital property is liquidated as it stood on the date the divorce action was filed. Section 1533 then provides that sin somros shall be divided equally between the spouses. The court has limited discretion to deviate from the equal-division rule; deviations typically arise only where one spouse has dissipated marital property in bad faith.
Fraudulent Disposal under Section 1534
Section 1534 of the Civil and Commercial Code addresses the common pattern in which a spouse anticipating divorce disposes of marital property to a relative or accomplice. Where a spouse has disposed of sin somros for his or her exclusive benefit, with intent to cause injury to the other, or without the other's consent in cases where consent is required by law, the disposed property is treated for division purposes as if it had remained in the marital estate. The disposing spouse must make up any shortfall in the other spouse's share from his or her remaining sin somros, and, if insufficient, from his or her sin suan tua.
Common Debts under Section 1535
Section 1535 of the Civil and Commercial Code provides that, on termination of marriage, spouses are equally liable for common debts. Common debts are debts incurred during marriage for the household's benefit or for the management of marital property, or debts arising from a tort committed jointly by the spouses. Personal debts of one spouse, including pre-marital debts, remain that spouse's exclusive liability.
Prenuptial Agreements
Thai law recognises prenuptial agreements (sanya gone somros) under Sections 1465 to 1469 of the Civil and Commercial Code. To be enforceable, the agreement must be in writing, signed by both spouses and at least two witnesses, and registered with the marriage at the amphoe on the date of marriage registration. A prenuptial agreement entered into after marriage is not effective; only modifications by court order under Section 1469 are permitted post-marriage. The agreement may vary the default rules on sin somros and sin suan tua but cannot derogate from the public-order rules on parental power, child maintenance, or grounds for divorce. For a fuller discussion see our article on the Thailand prenuptial agreement.
Child Custody, Parental Power, and Maintenance
Where the spouses have minor children, the divorce inevitably engages Sections 1564 to 1572 of the Civil and Commercial Code on parental power, and Sections 1521 to 1522 on child maintenance. Thai law uses the term "parental power" (amnaj pokkrong) rather than "custody"; the concept is broader, encompassing legal authority over the child's person, education, residence, and property, alongside day-to-day physical care.
Parental Power under Sections 1564 to 1566
Section 1564 of the Civil and Commercial Code provides that parents are jointly under a duty to maintain their children and to provide them with proper education during their minority. Section 1566 provides that a child is subject to the parental power of the parents while still a minor (under 20 years of age, or 18 where emancipated by marriage). Parental power is exercised jointly by both parents during marriage; on divorce, the parental-power arrangements must be specified by the spouses' agreement or by the court.
Custody Arrangements under Section 1520
Section 1520 of the Civil and Commercial Code provides that, on divorce by mutual consent, the spouses must agree in writing on the exercise of parental power; absent agreement, or in cases of judicial divorce, the court determines parental power based on the best interests of the child. Common arrangements include:
- Sole parental power granted to one parent, with visitation rights for the other.
- Joint parental power, with primary residence specified for one parent and shared decision-making on major matters such as education, religion, and medical care.
- Split parental power where multiple children are divided between the parents (rare and disfavoured by Thai courts).
The court applies the best-interests standard codified in Section 1520 paragraph 2 and reinforced by Section 11 of the Family and Juvenile Court Procedure Act, which requires a social-welfare officer's report in any case affecting a minor. The child's own preference is considered with weight increasing with age, although there is no fixed minimum-age rule for the child to be heard.
Child Maintenance under Sections 1521 to 1522
Both parents remain jointly responsible for child maintenance after divorce. Sections 1521 and 1522 of the Civil and Commercial Code authorise the court to order monthly maintenance proportionate to each parent's means and the child's needs. Maintenance ordinarily continues until the child attains majority at age 20, but may be extended where the child is pursuing tertiary education or is unable to support him or herself due to disability. Modification of maintenance is available under Section 1598/38 of the Civil and Commercial Code where there is a material change of circumstances.
International Parental Child Abduction and the Hague Convention
Thailand acceded to the 1980 Hague Convention on the Civil Aspects of International Child Abduction with effect from 1 November 2002. The Convention on Civil Aspects of International Child Abduction Act B.E. 2555 (2012) provides the domestic implementing framework. The Department of Children and Youth, Ministry of Social Development and Human Security, is designated as the Central Authority. A parent whose child has been wrongfully removed to or retained in Thailand from a Convention partner state may file an application with the Central Authority for the child's return; conversely, a Thai-resident parent whose child has been wrongfully removed abroad may file an application for return through the Thai Central Authority.
The Convention applies only to children under 16 and only as between Convention partner states. The Central Juvenile and Family Court has exclusive jurisdiction over Hague return applications, which are heard on an expedited basis. The grounds on which return may be refused are narrow: grave risk of harm to the child (Article 13(b) of the Convention), the child's mature objection to return (Article 13 paragraph 2), and a change of habitual residence with consent or acquiescence (Article 12).
Spousal Maintenance and Damages
Thai law allows financial relief from one spouse to the other on divorce in two distinct heads: spousal maintenance under Section 1526 and compensatory damages under Sections 1523 to 1525.
Spousal Maintenance under Section 1526
Section 1526 of the Civil and Commercial Code authorises the court to order one spouse to pay maintenance to the other where the divorce is granted on a ground attributable to the paying spouse's fault, and where the receiving spouse will be in poverty by reason of having insufficient income to live in accordance with the standard maintained during marriage. The award is discretionary; the court considers the parties' respective means, age, ability to work, and conduct during marriage. Maintenance may be ordered as a lump sum, a periodic payment, or a combination. It terminates on the receiving spouse's remarriage or death, and may be modified or discharged on a material change of circumstances under Section 1598/38.
Damages under Sections 1523 to 1525
Section 1523 of the Civil and Commercial Code provides for damages where divorce is granted on the ground in Section 1516(1) (adultery, maintaining another as a spouse, or habitual sexual relations). The innocent spouse may claim damages from the offending spouse and, separately, from the third party who knew of the marriage and engaged in the relationship. Section 1524 provides for damages where the divorce is granted on Section 1516(3) (serious harm or insult). Section 1525 provides for damages where the divorce is granted on Section 1516(2) (misconduct), 1516(4) (desertion), 1516(6) (failure to maintain), or 1516(8) (breach of good-behaviour bond). The quantum is at the court's discretion based on the circumstances and the gravity of the conduct.
Recognition of Foreign Marriages and Foreign Divorces
Cross-border elements arise frequently in Thai divorce practice. Two questions recur: can a foreign marriage be dissolved in Thailand, and is a Thai divorce recognised abroad (or a foreign divorce recognised in Thailand)?
Divorcing in Thailand After Marriage Abroad
A marriage validly celebrated abroad and recognised under Thai conflict-of-laws principles can be dissolved by the Thai court provided one of the spouses is domiciled in Thailand or has sufficient connection to the kingdom. The mutual-consent route at the amphoe is generally not available where the marriage is not registered in the Thai civil registry; in practice, the divorce must proceed through the Juvenile and Family Court. Once a Thai divorce judgment is final, the parties may apply to register the divorce against the foreign marriage record in their countries of nationality, subject to the foreign country's recognition rules. For an in-depth treatment, see our companion article on divorce in Thailand with a foreign marriage certificate.
Recognition of Foreign Divorce Judgments in Thailand
Thai law does not provide for automatic recognition of foreign divorce judgments. A foreign divorce is recognised in Thailand on a case-by-case basis under the principles of comity, provided the foreign court had jurisdiction recognised by Thai law, the judgment is final, and recognition would not violate Thai public order. Recognition is typically achieved through a declaratory action before the Thai court or, in administrative practice, by presenting a duly legalised and translated copy of the foreign judgment to the amphoe for annotation against the Thai marriage record (where applicable).
Practical Process, Timeline, and Fees
The following table summarises the operational reality of each divorce route in Thailand. Court fees and timelines are indicative; actual fees depend on the value of the property in dispute and on the complexity of the case.
| Aspect | Mutual-Consent Divorce (Amphoe) | Contested Divorce (Court) |
|---|---|---|
| Legal basis | Section 1514 paragraph 2; Section 1515 of the Civil and Commercial Code; Family Registration Act | Section 1514 paragraph 1; Section 1516 of the Civil and Commercial Code; Family and Juvenile Court Procedure Act |
| Where | Any district office (amphoe or khet) | Central Juvenile and Family Court (Bangkok) or Provincial Juvenile and Family Court |
| Required attendance | Both spouses in person | Plaintiff and (if served) defendant; counsel may appear on procedural matters |
| Government filing fee | Nominal (certified-copy fees only) | 200 THB filing fee; 2% ad valorem fee on property claims, capped under the Civil Procedure Code |
| Indicative timeline | Same day, on appearance with documents | Six to eighteen months to first-instance judgment; longer with appeals |
| Key documents | Marriage certificate, identification documents, divorce agreement, household-registration document | Petition with grounds and evidence, marriage certificate, documents on property, children, and finances |
| Mediation | Not applicable | Mandatory under the Family and Juvenile Court Procedure Act |
| Outcome | Divorce certificate (Khor Ror 6) and divorce agreement (Khor Ror 7) | Court judgment, registered against the marriage record at the amphoe |
Common Pitfalls and How to Avoid Them
Several recurring issues complicate divorce proceedings in Thailand. The first is the assumption that an amphoe divorce is available where the marriage was not registered in Thailand; it is not, and the parties must proceed through the court. The second is the dissipation of marital property in the months before filing; Section 1534 protects against this but only where the disposing spouse's bad faith can be proved, which requires documentary evidence and prompt action. The third is reliance on informal cohabitation arrangements as proof of voluntary separation under Section 1516(4/2); the three-year period must be both voluntary and uninterrupted, and isolated visits or correspondence can reset the clock. The fourth is failure to register a court divorce judgment against the marriage record; until registration is effected at the amphoe, the divorce is not reflected in the civil registry and may cause complications in later transactions. The fifth is the use of foreign-law prenuptial agreements that have not been registered with the Thai marriage; such agreements are evidentially relevant but not directly enforceable as marital-property contracts under Sections 1465 to 1469.
How Juslaws & Consult Can Help
Divorce in Thailand combines codified rules with significant judicial discretion, particularly around custody, maintenance, and property division. Our family law practice represents Thai nationals, foreign residents, and international families through every stage of dissolution: pre-action negotiation, drafting and registration of mutual-consent divorce agreements at the amphoe, contested divorce litigation in the Juvenile and Family Courts, prenuptial and postnuptial planning under Sections 1465 to 1469, child-custody and Hague Convention applications, recognition of foreign divorce judgments, and complex marital-property liquidations. We also handle the related corporate and asset matters that frequently arise alongside divorce, including the restructuring of jointly held businesses through our family disputes practice, asset protection and succession planning, and, where one spouse is a non-resident, the cross-border enforcement of judgments. If you are considering divorce or have been served with a divorce petition in Thailand, contact us for a confidential consultation tailored to your circumstances.
Frequently Asked Questions
How long does a divorce take in Thailand?
A mutual-consent divorce registered at the amphoe is completed on the day both spouses appear with the required documents. A contested divorce in the Juvenile and Family Court typically takes six to eighteen months to a first-instance judgment, depending on the complexity of the property and custody issues and on whether mediation under the Family and Juvenile Court Procedure Act is successful. Appeals to the Court of Appeal for Specialised Cases and the Supreme Court (Dika Court) can extend the proceedings by a further one to three years.
Can foreigners divorce in Thailand?
Yes. A foreigner married to a Thai national, or two foreigners married to each other, may divorce in Thailand provided the marriage is registered in Thailand or has sufficient connection to the kingdom. Where the marriage is registered in the Thai civil registry, mutual-consent divorce at the amphoe is available. Where the marriage was registered abroad, divorce must generally proceed through the Juvenile and Family Court.
What are the grounds for divorce in Thailand?
Section 1516 of the Civil and Commercial Code lists twelve grounds for judicial divorce, including adultery and maintaining another person as a spouse, misconduct causing serious shame or hatred, serious physical or mental harm, desertion for more than one year, voluntary separation for more than three years, imprisonment for more than one year, disappearance for more than three years, failure to maintain the other spouse, three years of incurable insanity, breach of a court-ordered bond of good behaviour, an incurable communicable dangerous disease, and permanent physical inability to cohabit as spouses. Mutual consent itself is a separate route to divorce under Section 1514 paragraph 2.
How is property divided in a Thai divorce?
Marital property (sin somros) is divided equally between the spouses under Section 1533 of the Civil and Commercial Code. Personal property (sin suan tua), defined in Section 1471 as property owned before marriage, items for personal use, and property received by inheritance or gift during marriage, remains with its owner. Common debts are shared equally under Section 1535. Where one spouse has dissipated marital property in bad faith before the divorce, Section 1534 allows the court to treat the disposed property as if it had remained in the marital estate.
Who gets custody of the children after divorce in Thailand?
Section 1520 of the Civil and Commercial Code requires the spouses to agree, in writing, on parental power and child maintenance in a mutual-consent divorce. Where there is no agreement or in a contested divorce, the Juvenile and Family Court determines parental power based on the best interests of the child, supported by a social-welfare officer's report under Section 11 of the Family and Juvenile Court Procedure Act. The child's own preference is considered with weight increasing with age. Sole parental power, joint parental power with a designated primary residence, and shared parental power are all recognised arrangements.
Is the Marriage Equality Act relevant to my divorce?
The Civil and Commercial Code Amendment Act No. 24, B.E. 2567 (Marriage Equality Act), entered into force on 22 January 2025 and replaced gender-specific terms in Book V with neutral terms. Same-sex spouses now have identical rights and obligations on divorce as opposite-sex spouses, including identical access to all twelve grounds in Section 1516, identical property-division rules, and identical custody and maintenance principles. Same-sex marriages registered abroad before the Act's commencement are recognised in Thailand from 22 January 2025 onward.
How much does a divorce cost in Thailand?
A mutual-consent divorce at the amphoe is effectively free of substantive government fees; only nominal certified-copy fees apply. A contested divorce in the Juvenile and Family Court attracts a court filing fee of 200 THB and ad valorem fees on property claims under the Civil Procedure Code, capped under the relevant fee schedule. Legal fees vary by complexity. Most family law practitioners in Thailand work on hourly rates or fixed fees for defined milestones; the firm's fee structure for a particular matter is confirmed at the outset.
Can I get spousal maintenance after divorce in Thailand?
Section 1526 of the Civil and Commercial Code authorises the court to order spousal maintenance where the divorce is granted on a ground attributable to the paying spouse's fault and the receiving spouse would be in poverty without it. Maintenance is discretionary and is fixed by reference to the parties' means, the standard of living during marriage, and the receiving spouse's ability to work. It terminates on remarriage or death and is modifiable on a material change of circumstances under Section 1598/38.
Are prenuptial agreements enforceable in Thailand?
Yes, provided they comply with Sections 1465 to 1469 of the Civil and Commercial Code. The agreement must be in writing, signed by both spouses and at least two witnesses, and registered at the amphoe at the same time as the marriage registration. A prenuptial agreement entered into after marriage is not enforceable as such; only court-ordered modifications under Section 1469 are permitted post-marriage. The agreement may vary the default sin somros / sin suan tua rules but cannot derogate from the public-order rules on parental power, child maintenance, or grounds for divorce.
What if my spouse refuses to divorce me?
The mutual-consent route requires both spouses' participation. Where one spouse refuses, the only available route is judicial divorce on one of the twelve grounds in Section 1516. The plaintiff must plead and prove a ground; the court cannot grant divorce on a residual ground of "irretrievable breakdown" alone. Common grounds in this scenario are voluntary separation for more than three years (Section 1516(4/2)), desertion for more than one year (Section 1516(4)), and failure to give proper maintenance (Section 1516(6)).
Can I divorce my Thai spouse if I now live abroad?
Yes. Where the marriage is registered in Thailand and the Thai-resident spouse remains in the kingdom, the foreign-resident spouse may file a divorce petition with the Juvenile and Family Court in Thailand and may be represented by Thai counsel. Where both spouses are now abroad, the divorce may be pursued in either jurisdiction with valid jurisdictional contact, and the resulting judgment may be presented for recognition and registration in the other jurisdiction subject to the applicable rules.
What happens if my spouse takes our child abroad without my consent?
If the destination country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, you may file an application for return through the Thai Central Authority (the Department of Children and Youth, Ministry of Social Development and Human Security) under the Convention on Civil Aspects of International Child Abduction Act B.E. 2555 (2012). The application is heard on an expedited basis. Return is the default outcome; refusal grounds are narrow and include grave risk of harm to the child and the child's mature objection to return. Where the destination country is not a Convention party, return relies on bilateral cooperation and on the law of the destination country.
Can I remarry immediately after divorce in Thailand?
Section 1453 of the Civil and Commercial Code provides that a person whose marriage has been dissolved may not remarry until 310 days have elapsed from the date of dissolution, unless a child has been born during that period, the spouses are remarrying each other, the relevant authority issues a certificate that the person is not pregnant, or the court issues an order. The 310-day rule applies only to the spouse capable of pregnancy in the original framing of the section; in practice, the Marriage Equality Act has not removed the rule but it is interpreted in light of biological circumstances rather than gendered presumption.
How is a divorce judgment from a Thai court registered against the marriage record?
Once the divorce judgment is final (after the appeal period has expired without appeal, or the appeal has been finally determined), the prevailing party presents a certified copy of the judgment, together with the marriage certificate and identification documents, to any amphoe for annotation against the marriage record. The amphoe issues a divorce certificate (Khor Ror 6) reflecting the court order. Registration is administrative and is conducted at no substantive fee under the Family Registration Act.
