Divorce in Thailand

Divorce in Thailand is governed by the Civil and Commercial Code (CCC), Book V, Title I – Marriage, and Title II – Divorce. The law provides for both administrative divorce and judicial divorce, depending on whether the spouses mutually agree to end the marriage or one party seeks to dissolve the marriage based on specific legal grounds.

Divorce affects not only the marital bond but also property division, custody of children, maintenance obligations, and inheritance rights. In cases involving foreigners or mixed-nationality couples, additional rules of jurisdiction and applicable law may apply.

This article provides a comprehensive and legally detailed examination of divorce in Thailand, covering types of divorce, legal grounds, procedural stages, foreigner considerations, and the legal consequences that follow.

1. Legal Basis for Divorce

Divorce in Thailand is primarily governed by:

• Civil and Commercial Code Sections 1514–1535

• Conflict of Laws Act B.E. 2481 (1938) for international marriages

• Child Custody Act and regulations for child-related matters

• Thai Family Procedure Code for court proceedings

2. Types of Divorce

Thailand recognizes two types of divorce:

2.1 Administrative (Mutual Consent) Divorce

• Available only if the marriage was registered in Thailand

• Both spouses must appear in person at the District Office (Amphur)

• A mutual agreement on:

  • Division of property

  • Child custody

  • Spousal support, if applicable

• Agreement must be in writing and witnessed (often reviewed by officials)

This is the simplest and quickest form of divorce in Thailand. It cannot be used if only a traditional (unregistered) ceremony took place or if one party refuses.

2.2 Judicial Divorce (Contested or Fault-Based)

• Initiated when:

  • One spouse refuses to consent to divorce

  • There are disputes over marital property, children, or maintenance

  • One party claims the other is at fault

Must be filed in a Thai Family Court with evidence supporting the grounds.

3. Grounds for Judicial Divorce

Under Section 1516 of the CCC, the legally recognized grounds include:

The burden of proof lies with the plaintiff. Supporting evidence (photos, witness testimony, documents) is essential.

4. Jurisdiction and Foreigners

4.1 Jurisdiction

• Thai courts have jurisdiction if:

  • The marriage was registered in Thailand

  • One or both spouses reside or are domiciled in Thailand

  • The act giving rise to the ground occurred in Thailand

4.2 Foreign Marriages

• If the marriage was registered abroad, divorce in Thailand is only possible via judicial proceedings

• Foreign divorce judgments may be recognized in Thailand if:

  • They are final

  • Not contrary to Thai public policy

  • Parties had proper notice and opportunity to defend

5. Divorce Procedure (Judicial)

1. Filing of the Complaint

   • Filed by one spouse at the Family Court

   • Must include detailed facts and proposed remedies

2. Service of Summons

   • Defendant is notified and given opportunity to file a defense

3. Preliminary Hearing

   • Court reviews whether conciliation is possible

   • Temporary orders may be issued (e.g., custody, support)

4. Evidence and Trial

   • Parties present witnesses and documents

   • Adultery or misconduct must be proven with legal evidence

5. Judgment

   • The court will issue a final judgment granting or denying divorce

   • Court will also decide on property division, custody, and maintenance

6. Registration of Divorce

   • Once final, divorce must be registered at the Amphur to be effective for public records

6. Legal Consequences of Divorce

6.1 Property Division

• Thailand follows a separate property regime:

  • Sin Suan Tua (personal property): remains with each spouse

  • Sin Somros (marital property): divided equally unless agreed otherwise

Examples of Sin Somros:

• Property acquired during marriage (excluding gifts/inheritance)

• Earnings

• Income from Sin Suan Tua

Disputes are resolved under Section 1533 of the CCC

6.2 Child Custody and Parental Power

• Can be jointly or solely granted

• Court considers:

  • Child’s best interests

  • History of care

  • Relationship with each parent

• Thai law allows either:

  • Joint custody (parental power)

  • Sole custody with visitation rights

6.3 Child Support

• Non-custodial parent must contribute to child’s upbringing

• Amount is determined based on income, living costs, and child’s needs

6.4 Spousal Maintenance

• May be ordered for a limited time

• Factors considered:

  • Duration of marriage

  • Financial condition of parties

  • Fault in marital breakdown

7. Special Considerations for Foreigners

• Documents submitted to Thai courts must be in Thai

• Foreigners must act through a Thai-licensed attorney

• Divorce judgments may need to be legalized and translated for recognition abroad

• Post-divorce visa status may change if tied to marriage (e.g., Thai marriage visa holders)

8. Recognition of Foreign Divorce in Thailand

Foreign divorces may be recognized under the Conflict of Laws Act, if:

• Divorce was obtained in a court of competent jurisdiction

• Both parties had notice and legal representation

• No violation of Thai public order

However, for public record purposes, the divorce must be:

• Recorded at the Amphur (if Thai spouse involved)

• Translated and legalized (if needed for court use)

Conclusion

Divorce in Thailand involves substantive and procedural complexities, especially when disputes arise over grounds, property, children, or when foreign parties are involved. The Thai legal system provides both amicable and contested avenues to terminate a marriage, with emphasis on legal formality, evidentiary support, and judicial discretion.

Mutual consent divorce offers a fast and low-conflict path, while judicial divorce demands careful preparation, legal representation, and documentary evidence. Foreign nationals must also consider the cross-border enforceability and recognition of their divorce, especially if their legal rights or obligations extend beyond Thailand.