Divorce

Under Thai law the legal dissolution of a marriage by a court (section 1516 Civil Code) or agreed (mutual consent) and applied in person by both spouses before the competent government body (Amphur) and registered in the Marriage Register (section 1514 Civil Code).

Introduction to Divorce in Thailand

Divorce in Thailand is governed by the Thai Civil and Commercial Code. For expats married in Thailand, it’s essential to understand the legal grounds, procedures, and implications regarding child custody, spousal maintenance, and division of assets. Divorce can be obtained in two ways: by mutual agreement at the local district office (Amphur) or through the courts when disputes arise.

Ways to Divorce in Thailand

1. Uncontested Divorce (Mutual Consent)

An uncontested divorce is the fastest and least expensive way to end a marriage in Thailand. Both spouses must agree to divorce and to all related matters, including:

• Division of marital property and debts
• Child custody and visitation rights
• Child and/or spousal maintenance (alimony)

This process is handled by the Registrar of Marriages at any Amphur in Thailand. Both parties must be present in person to register the divorce. While legal representation is not mandatory, many couples prepare a divorce settlement agreement in advance to avoid disputes.

Section 1514 – Thai Civil Code: "Divorce may be effected only by mutual consent or by judgment of the court. Divorce effected by mutual consent must be made in writing and certified by the signatures of at least two witnesses."

2. Contested Divorce (Court Judgment)

A contested divorce occurs when one spouse files for dissolution of marriage in court due to disputes over the divorce itself or its terms. Legal representation by a Thai lawyer is required. Contested divorces typically take longer, involve higher costs, and require several court appearances.

Grounds for Contested Divorce

The Civil Code (Section 1516) lists specific grounds for divorce in Thailand, including:

• Adultery or regular sexual relations with another person
• Misconduct causing serious shame, insult, or injury to the other spouse
• Physical or mental harm to the spouse or their family
• Desertion for more than one year
• Separation for more than three years (voluntary or court-ordered)
• Failure to provide proper maintenance
• Incurable insanity for more than three years
• Serious breach of a court-ordered good behavior bond
• Communicable disease dangerous to the other spouse
• Permanent inability to cohabit physically as husband and wife

The petitioner must prove one or more of these grounds for the court to grant the divorce.

Division of Property

Marital Property (Sin Somros)

Under Section 1533, all marital property is divided equally upon divorce. Sin Somros includes assets acquired during the marriage, unless proven to be personal property. Disputes often arise over who can prove ownership or origin of certain assets. A valid prenuptial agreement can help protect personal assets.

Personal Property (Sin Suan Tua)

Defined in Section 1471, Sin Suan Tua remains with the original owner after divorce and includes:

• Property owned before marriage
• Personal use items, clothing, and professional tools
• Property acquired during marriage by will or gift
• Khongman (engagement gifts)

If personal property is sold or exchanged, the proceeds remain personal property. In case of doubt, property is presumed marital unless proven otherwise (Section 1474).

Child Custody and Maintenance

Child custody (parental power) and child maintenance are decided based on the child’s best interests. Parents can agree on custody arrangements in an uncontested divorce; otherwise, the court decides. The non-custodial parent is generally required to pay child support.

Spousal Maintenance (Alimony)

Alimony is not automatic under Thai law. It must be agreed upon in an uncontested divorce or ordered by the court in a contested case. The court considers factors such as the length of the marriage, each spouse’s financial situation, and contributions to the household.

Costs, Timeframes, and Legal Assistance

• Uncontested divorce: Same-day registration at Amphur, minimal fees, lawyer optional.
• Contested divorce: Several months to over a year, higher costs, lawyer required.
• Translation and legalization may be required for use abroad.

Legal References

• Thai Family Law Overview
• Prenuptial Agreement in Thailand
• Property Division in Divorce