Divorce Proceedings in Thailand: Understanding the Legal Process and Grounds

Divorce in Thailand: Understanding the Two Routes, the Process and the Documents

Thai law allows a marriage to end in only two ways: by mutual consent or by a court judgment (Civil and Commercial Code, Section 1514). Which route is open to you depends on whether both spouses agree, and on where and how the marriage was registered. This guide explains both routes, what each involves and the points foreign spouses most often need to check.

1. Uncontested divorce: divorce by mutual consent

If both spouses agree to divorce, they can do so without going to court.

• The agreement must be in writing and certified by at least two witnesses (Section 1514, paragraph 2).
• The divorce is only legally complete once it is registered (Section 1515). In practice, both spouses attend a district office (amphoe / khet) and register the divorce in front of the registrar under the Family Registration Act B.E. 2478 (1935).
• The written agreement usually also deals with child custody (parental power), child support and the division of marital property (sin somros). Under Section 1520, if spouses divorce by consent they must agree in writing who will exercise parental power; if they cannot agree, the court decides.
• Both spouses normally need to attend in person. If one spouse is abroad or cannot attend, ask us which options may be available in your situation.

When it suits: both spouses agree on the divorce and its terms, and the marriage is registered in Thailand.

Limits to know:

• If the marriage was registered abroad, a divorce by consent at a Thai district office may not be possible, or may first require the marriage to be recorded in Thailand. Practice varies, so check this before you start.
• A Thai divorce may also need to be recognised in the foreign spouse’s home country. Check this before signing.
• If the agreement is unclear on property or children, disputes can still arise later.

2. Contested divorce: divorce by court judgment

If one spouse does not agree, or cannot be found, the other may file a divorce case in court. In Bangkok, family cases are heard by the Central Juvenile and Family Court; in the provinces, by the provincial juvenile and family courts (Act on the Establishment of Juvenile and Family Courts and Juvenile and Family Procedure B.E. 2553 (2010)).

Grounds for divorce (Section 1516)

A court divorce is only granted on a ground set out in Section 1516 of the Civil and Commercial Code. The main grounds include:

• 1. A spouse has maintained or honoured another person as husband or wife, committed adultery, or regularly had sexual relations with another person.
• 2. Serious misconduct by a spouse that causes the other shame, insult or harm.
• 3. Serious physical or mental harm, or serious insult to the other spouse or their ascendants.
• 4. Desertion for more than one year.
• 4/1. A final criminal conviction and imprisonment for more than one year, in circumstances set out in the Code.
• 4/2. Voluntary separation because the spouses cannot live together peacefully for more than three years, or separation by court order for more than three years.
• 5. A spouse declared missing, or who has left the domicile and been absent for more than three years with no news.
• 6. Failure to give proper maintenance or support, or acts seriously detrimental to the marriage that cause the other spouse excessive hardship.
• 7. Insanity continuing for more than three years that is unlikely to be cured.
• 8. Breach of a written bond of good behaviour given by a spouse.
• 9. A communicable and dangerous disease that is incurable and may harm the other spouse.
• 10. A permanent physical condition making cohabitation as husband and wife impossible.

The full text has conditions and time limits. For example, some rights to sue are lost if the claimant consented to, or later forgave, the conduct (Sections 1517 and 1518).

This list is a plain-English summary. The exact wording of each ground in the Code decides the case.

“Irreconcilable differences” alone is not a ground under Thai law. Couples who simply wish to separate usually need either mutual consent or one of the grounds above, such as more than three years’ separation.

Typical steps in a court divorce

1. Advice and evidence review. We identify which ground applies and what evidence supports it (messages, witnesses, police or medical records, proof of separation).
2. Filing the complaint with the competent Juvenile and Family Court, with claims for custody, child support, maintenance and property division if needed.
3. Service on the other spouse. Serving a spouse who lives abroad or cannot be found takes longer and may need other methods of service allowed by the court.
4. Mediation / reconciliation. Family courts usually refer the parties to mediation first. Many cases settle at this stage with a compromise agreement that the court approves.
5. Hearing and judgment if there is no settlement.
6. Registering the judgment. Once final, the judgment is taken to the district office to record the divorce (Section 1531).

How long does it take? It depends on service, whether the other spouse defends, and the court’s schedule. We give you a realistic estimate at the consultation rather than a general figure.

3. Documents to prepare

Bring copies of whatever you have. We will tell you what else is needed.

• Marriage certificate (Kor Ror 3) or foreign marriage certificate with certified translation
• Passports / Thai ID cards and house registration (Tabien Baan)
• Children’s birth certificates
• Any existing prenuptial agreement (Sections 1465–1466)
• A list of property and debts, with title deeds, vehicle books, bank statements and company documents
• Evidence relevant to the ground relied on, for a contested divorce
• Any letters, court papers or police documents already received

Foreign-language documents usually need a Thai translation, and documents issued abroad may need to be certified or legalised before a Thai authority accepts them.

4. Issues foreign spouses should check

• Where the marriage was registered. This affects whether divorce by consent at a district office is available.
• Recognition abroad. Check that a Thai divorce, whether by registration or by judgment, will be accepted in your home country, especially if you plan to remarry there.
• Children. Custody, the right to take a child abroad and child support should be settled clearly. A child’s travel may need the other parent’s consent or a court order, depending on the arrangements agreed or ordered.
• Property. Marital property is generally divided equally between the spouses (Section 1533). Land in Thailand cannot normally be owned by a foreigner, so division often involves sale or compensation.
• Visa status. A visa based on marriage to a Thai national is affected when the marriage ends. Check your immigration position before the divorce is registered.
• Language. All court and district-office proceedings are in Thai. You should understand every document before you sign it.

5. How we can help

At the first consultation, a licensed Thai lawyer will tell you which route is realistically open to you, what the main risks are and what evidence and documents are needed. Within one business day after the consultation, you receive a written proposal. Your engagement letter sets out a scope of work tailored to your case and what will best serve your interests.

No lawyer can guarantee the outcome of a divorce case. What we can give you is a candid assessment and a clear plan.

Contact Siam Center Law Group
Call 02 097 0477 · WhatsApp +66 86 565 1791 · LINE garn77
101 True Digital Park, Unicorn Building, 5th Floor, Sukhumvit Road, Bang Chak, Phra Khanong, Bangkok 10260

This article gives general information about Thai law. It is not legal advice for your situation.

Official sources cited: Civil and Commercial Code Book V (Family), Sections 1514, 1515, 1516, 1517, 1518, 1520, 1531, 1533, 1465–1466 (Office of the Council of State, krisdika.go.th); Family Registration Act B.E. 2478; Act on the Establishment of Juvenile and Family Courts and Juvenile and Family Procedure B.E. 2553; registration at the district office (Department of Provincial Administration, dopa.go.th; Bangkok district offices).

Fact-checked by Barrister Garn Tuntasatityanond, Barrister-at-Law and licensed Thai lawyer (Thailand Lawyer Licence No. 3417/2553), on 13 October 2026.