Divorce in Thailand can be a straightforward or complex process, depending on the circumstances of the couple and the type of divorce being pursued. Whether you are a Thai national, a foreigner, or in a mixed marriage, understanding the legal requirements and procedures involved in filing for divorce in Thailand is crucial. This guide outlines everything you need to know about how to apply for a divorce in Thailand, the types of divorce available, required documents, and practical steps involved.
Types of Divorce in Thailand
There are two main types of divorce in Thailand:
1. Administrative Divorce (Uncontested Divorce)
Also known as mutual consent divorce, this type is the simplest and fastest form of divorce. It applies when both spouses agree to end the marriage and are willing to sign a divorce agreement.
This kind of divorce is available only if the marriage was registered in Thailand.
2. Judicial Divorce (Contested Divorce)
A contested divorce occurs when one spouse wants to divorce but the other does not agree, or when the couple cannot settle on key matters such as custody, division of property, or alimony. This type of divorce requires filing a lawsuit in a Thai court.
Step-by-Step Guide: Administrative (Uncontested) Divorce
Step 1: Confirm Eligibility
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You must have been legally married in Thailand (your marriage must be registered at a Thai district office).
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Both spouses must agree to the divorce.
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Both must be physically present at the time of filing.
Step 2: Prepare the Required Documents
For Thai nationals:
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Thai ID card
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House registration document (Tabien Baan)
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Original marriage certificate
For foreigners:
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Valid passport with visa stamp
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Marriage certificate (original)
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Certified Thai translation of the marriage certificate (if the original is not in Thai)
If there are children, a divorce agreement should include custody arrangements, child support in Thailand, and any financial responsibilities. The agreement must be signed by both parties and at least two witnesses.
Step 3: Visit the Local District Office (Amphur)
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Go together to the district office where your marriage was originally registered or any other district office.
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Submit the documents and sign the divorce application form.
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If necessary, bring a certified translator if one or both parties do not speak Thai.
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The registrar will review the documents and ask you to sign the official divorce registration.
Once the divorce is approved, you will receive:
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Divorce certificate in Thai
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Divorce registration form (Kor Or 6)
Step 4: Legalize the Divorce Certificate for Use Abroad (if needed)
If you plan to use your divorce certificate in another country, you may need to:
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Translate it into the required language.
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Have the translation certified by the Thai Ministry of Foreign Affairs.
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Present it to your country’s embassy for legalization or apostille, depending on the requirements.
Step-by-Step Guide: Judicial (Contested) Divorce
Step 1: Determine Grounds for Divorce
According to Thai Civil and Commercial Code, a spouse can file for divorce on one or more of the following grounds:
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Adultery or unfaithfulness
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Misconduct causing shame, insult, or harm
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Abandonment for more than one year
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Failure to provide proper maintenance
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Separation for over three years
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One party is declared insane for over three years
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Physical or mental abuse
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Incurable illness
Step 2: Hire a Lawyer
Judicial divorce cases can be complex, especially if they involve:
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Child custody battles
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Disputes over assets
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Alimony or spousal support
Hiring a Thai lawyer experienced in family law is highly recommended. Your lawyer will prepare your case, gather evidence, and represent you in court.
Step 3: File a Lawsuit at the Family Court
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Your lawyer will file the divorce petition at the Family Court in the province where either spouse resides.
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Both parties will be summoned to attend court hearings.
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The court may attempt reconciliation before proceeding.
Step 4: Attend the Court Hearings
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Present your evidence and witnesses (if any).
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Both sides will have a chance to testify.
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The court will decide whether to grant the divorce and how to resolve disputes over property, custody, or support.
Step 5: Final Judgment and Registration
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If the court grants the divorce, it will issue a judgment.
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The judgment must be registered at the district office to obtain a divorce certificate.
If you’re a foreign national, you may need to have the judgment and divorce certificate translated and legalized for international use.
Child Custody and Property Division
Child Custody
For both contested and uncontested divorces:
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If the divorce is amicable, the couple can agree on child custody, but this must be approved by the district officer or court.
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In a contested case, the court will decide based on the child’s best interest.
Division of Property
Thailand follows the principle of community property. Property acquired during the marriage is considered marital property and is subject to equitable division.
Separate property (acquired before marriage or through inheritance) remains with the original owner unless proven otherwise.
Key Considerations for Foreigners
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If you were married outside of Thailand, you cannot file for an administrative divorce here. You must file a judicial divorce at the Family Court.
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Thai courts have jurisdiction if either party resides in Thailand or if the marriage was registered in Thailand.
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Some countries may not recognize a Thai administrative divorce. Always consult your embassy or a legal expert regarding the international recognition of your divorce.
Conclusion
Divorce in Thailand is governed by clear legal procedures that aim to protect both parties’ rights, as well as any children involved. Whether you are seeking a quick administrative divorce or facing a more complicated contested divorce, it’s essential to understand the steps, requirements, and implications of each type.
For an uncontested divorce, mutual consent and document preparation are key. For a contested divorce, legal representation and familiarity with Thai family law will significantly improve your chances of a fair outcome. Regardless of your situation, consulting with a local lawyer or legal advisor can save time, reduce stress, and ensure that your divorce is legally valid both in Thailand and internationally.
