Filing of Divorce in Thailand

Divorce is a life-changing decision that not only ends a marriage but also brings legal and emotional challenges for both parties involved. In Thailand, the process of filing for divorce is governed by the Thai Civil and Commercial Code, which sets out the grounds, procedures, and effects of divorce. Understanding the types of divorce, the legal requirements, and the rights of each spouse can help ensure a fair and smooth process, especially for foreigners or mixed-nationality couples married in Thailand.

1. Legal Framework for Divorce in Thailand

The Thai Civil and Commercial Code (Book V, Title I) regulates marriage and divorce. A marriage legally registered in Thailand can only be dissolved through death or divorce. For a divorce to be valid, it must be registered at a district office (Amphur) or granted by a Thai court. Unregistered marriages—such as traditional or religious ceremonies without official registration—are not recognized under Thai law and therefore cannot be legally divorced.

2. Types of Divorce in Thailand

There are two main types of divorce in Thailand:
(1) Administrative divorce (Divorce by mutual consent) and
(2) Contested divorce (Court divorce).

a. Divorce by Mutual Consent

A divorce by mutual consent is the simplest and fastest form of divorce in Thailand. It is available to couples who agree to end their marriage amicably and have settled all matters regarding property division, child custody, and support.

Requirements:

• Both spouses must appear in person at the local district office (Amphur or Khet) where the marriage was originally registered or where either spouse resides.

• The divorce agreement must be in writing and signed by both parties and two witnesses.

• The agreement should clearly specify arrangements regarding property, child custody, and financial support, if applicable.

Once registered, the divorce takes immediate legal effect. The district officer issues a divorce certificate (“Kor Ror 7”) as official proof of the dissolution.

Advantages:

• Quick and inexpensive

• No need for court proceedings

• Suitable for couples with no major disputes

Limitations:

• Only possible if both parties agree

• Cannot be done if one spouse cannot be located or refuses to participate

b. Contested Divorce (Court Divorce)

If one party does not consent to the divorce or if disputes exist regarding property, children, or alimony, the case must be brought before a Thai court. A contested divorce can be filed based on specific legal grounds recognized under Thai law.

3. Grounds for Divorce in Thailand

According to Section 1516 of the Thai Civil and Commercial Code, a spouse may file for divorce on any of the following grounds:

1. Adultery or infidelity — If one spouse commits adultery or engages in inappropriate behavior with another person, the innocent spouse can file for divorce.

2. Misconduct or harm — When one spouse causes physical or mental harm, serious insult, or gross disrespect to the other or their family.

3. Desertion — If one spouse abandons the other for more than one year without justification.

4. Separation — When the couple has lived apart for at least three years, or for more than one year by court order.

5. Imprisonment — If a spouse is sentenced to imprisonment for more than one year and the other finds it intolerable to continue the marriage.

6. Failure to provide maintenance — When one spouse neglects or fails to support the other.

7. Insanity — If one spouse has been declared insane for more than three years and recovery seems impossible.

8. Bodily harm or disease — If one spouse suffers from a contagious or incurable disease that poses a serious threat to the other.

9. Violation of marital duties — When one spouse fails to fulfill obligations such as fidelity, cohabitation, or support.

These grounds must be proven with sufficient evidence, and the burden of proof lies with the petitioner.

4. Court Divorce Procedure

The process of filing a court divorce in Thailand involves several steps:

1. Filing the Petition — The petitioning spouse must file a divorce complaint with the Family Court having jurisdiction over the respondent’s residence. The complaint should specify the grounds for divorce and include requests for custody, alimony, or property division.

2. Court Summons and Response — The court serves a summons on the respondent, who has the right to file a written reply or counterclaim.

3. Mediation — The court often encourages mediation to help the parties reach a settlement, especially in cases involving children.

4. Trial — If mediation fails, the case proceeds to trial. Both sides present evidence and witnesses to support their claims.

5. Judgment — The court issues a judgment dissolving the marriage and decides on custody, alimony, and property division.

6. Registration — Once the judgment becomes final, it must be registered at the district office to make the divorce official.

5. Property Division and Alimony

In Thailand, the division of assets upon divorce follows the principle of separating sin suan tua (personal property) from sin somros (marital property).

• Sin Suan Tua (Personal Property): Property owned before marriage, personal gifts, and inheritances remain with the original owner.

• Sin Somros (Marital Property): Assets acquired during the marriage through joint efforts or income are considered shared and must be divided equally.

The court may also order alimony (spousal support) if one spouse is financially dependent or was wronged by the other, particularly in cases involving adultery or abandonment.

6. Child Custody and Support

When a divorce involves children, Thai law prioritizes the best interests of the child. Custody can be granted to one or both parents, depending on their ability to care for the child’s welfare. Factors such as moral character, financial stability, and emotional relationship with the child are considered.

In administrative divorces, parents can agree on custody arrangements in their written divorce agreement. In court divorces, the judge decides custody and may also order child support payments from one parent to ensure the child’s upbringing and education.

7. Divorce Involving Foreigners

Divorce cases involving a foreign spouse are common in Thailand. If the marriage was registered in Thailand, the couple can divorce either by mutual consent at the district office or through the Thai courts. However, if the marriage was registered abroad, a Thai court divorce may still be necessary for recognition in Thailand.

Foreigners must ensure their divorce is recognized in their home country. Some countries require additional steps, such as legalization or translation of Thai divorce certificates.

8. Legal Assistance and Documentation

While administrative divorces can be handled personally, court divorces usually require the assistance of a qualified Thai family lawyer. The lawyer helps prepare the petition, gather evidence, represent the client in court, and ensure the judgment is properly registered.

Typical documents needed for filing include:

• Original marriage certificate

• Passports or Thai ID cards of both spouses

• House registration (Tabien Baan)

• Divorce agreement (for mutual consent)

• Birth certificates of children (if applicable)

Conclusion

Filing for divorce in Thailand involves careful consideration of both legal and emotional factors. Whether through mutual consent or court proceedings, understanding the process helps protect your rights and ensure a fair resolution. Couples who can settle their differences amicably benefit from a faster and less costly process, while those facing disputes must rely on the Thai Family Court to ensure justice and balance. For foreigners and mixed-nationality couples, consulting a Thai lawyer is essential to navigate the legal complexities and ensure the divorce is valid both in Thailand and abroad.