Divorce in Thailand — Procedures, Grounds, and Property Division

What Is Divorce in Thailand?

Divorce is the legal termination of marriage, restoring each spouse's single status and affecting rights to property, child custody, and financial support. Thai law recognizes two main types: consensual divorce, which is fast and simple, and contested divorce, which requires statutory grounds and proceeds through the family court.

Many couples choose to simply live apart without formal divorce, creating long-term problems — assets acquired afterward remain marital property, the spouse retains inheritance rights, and remarriage is impossible. Properly divorcing under Thai law is essential.

Applicable Law

Divorce is governed by Book 5, Title 1 of the Civil and Commercial Code (Sections 1457–1535), including:

• Section 1514 — Forms of divorce
• Section 1516 — Ten grounds for contested divorce
• Sections 1525–1535 — Effects of divorce: property division, children, support
• Juvenile and Family Court Procedure Act B.E. 2553 (2010)

Two Forms of Divorce

1. Consensual Divorce (Section 1514, paragraph 1)

Both spouses agree and register at any District Office. Takes 1–2 hours. Fee: THB 50–100.

2. Contested Divorce (Section 1514, paragraph 2)

Filed in the Juvenile and Family Court when one spouse refuses. Requires at least one ground under Section 1516. Takes 6 months to 2 years and is more expensive.

Consensual Divorce — Procedure

1. Negotiate terms — In writing: division of marital property, child custody, child support.
2. Prepare documents — Marriage certificate (Kor Ror 2), both ID cards, house registrations, two witnesses (age 20+).
3. File at the District Office — Anywhere in Thailand. Both spouses must appear and sign Form Kor Ror 6 before the registrar.
4. Receive divorce certificate (Kor Ror 7) — Same day.

If terms cannot be agreed (especially over children or property), the matter must go to court even if both want to divorce.

The Ten Grounds for Divorce (Section 1516)

1. The spouse maintains or recognizes another person as husband or wife — Adultery; evidence such as photos or chat messages.
2. Misconduct — Drug addiction, gambling, criminal acts bringing disgrace.
3. Causing serious bodily or mental harm
4. Willful desertion — Continuously over 1 year.
5. Imprisonment by court — Sentenced to over 1 year.
6. Voluntary separation — Over 3 years, or by court order over 3 years.
7. Disappearance — Court-declared, or unknown whereabouts over 3 years.
8. Failure to provide support — Not performing marital duties properly.
9. Insanity — Over 3 years, incurable.
10. Serious communicable disease — Incurable, transmissible to spouse.

Limitation: Generally 1 year from learning of the ground. Some grounds (e.g., communicable disease) have no limitation.

Contested Divorce — Procedure

1. Consult a lawyer — Assess grounds and evidence.
2. Gather evidence — Photos, chat messages, witnesses, medical certificates, daily logs.
3. File the petition — At the Juvenile and Family Court in the defendant's domicile or where the marriage was registered.
4. Mediation — Mandatory; many cases resolve here.
5. Trial — Witness examination if mediation fails.
6. Judgment — Typically 6 months to 2 years.
7. Register the divorce per the judgment — Take the final judgment to the District Office.

Property Division on Divorce

Marital Property (Sin Somros)

Property acquired during the marriage is marital property and is divided 50/50, regardless of who earned it:

• Salary and other employment income
• House purchased after marriage
• Vehicles purchased after marriage
• Businesses started after marriage
• Income from personal property (e.g., interest on pre-marriage deposits)

Personal Property (Sin Suan Tua)

Belongs to one spouse alone and is not divided:

• Property owned before marriage
• Inheritance and personal gifts
• Personal use items
• Tools and instruments of one's profession

Child Custody and Support

In consensual divorce, the spouses agree in writing on custody and support. In contested divorce, the court applies the "best interests of the child" standard, considering:

• Each parent's caregiving capacity
• The child's relationship with each parent
• Living environment
• The child's age (younger children typically with mother)
• The child's wishes (if old enough)

Child Support

Typically THB 5,000–30,000 per month per child, depending on the payor's means. The court may adjust as financial circumstances change. Failure to pay can lead to wage garnishment.

Compensation and Suing the Third-Party Adulterer

If the spouse engaged in adultery, the wronged spouse may seek compensation under Section 1523:

• From the spouse — Typically THB 100,000–500,000 depending on means.
• From the third party — A claim against the third party who knew the spouse was married.

Both must be filed within 1 year of learning the facts.

Hypothetical Case Studies (Educational)

Case 1 — Consensual divorce: Mr. A and Mrs. B, married 10 years, agree to divorce. Their THB 5 million home (marital property) goes to Mrs. B as primary caregiver of their two children. Mr. A transfers half of his business shares to her. Child support: THB 15,000/month/child. They register the divorce at the District Office in one day.

Case 2 — Contested divorce for adultery: Ms. C discovers her husband has been unfaithful and files under Section 1516(1), claiming THB 300,000 from her husband and THB 200,000 from the third party. The court grants the divorce, splits marital property 50/50, and awards the requested compensation.

Case 3 — Long separation: Mr. D and Mrs. E have lived apart for 5 years with no cohabitation. Mr. D files under Section 1516(6) with proof of separation. The court grants the divorce and divides property based on what was acquired in each phase.

Common Mistakes

• Living apart without divorcing — Later-acquired assets remain marital; the original spouse retains inheritance rights.
• Verbal-only agreements — Hard to enforce when the other party reneges.
• Transferring assets before divorce — Attempts to give assets to relatives to avoid division can be voided by the court.
• Not preserving evidence — In contested divorce, lack of evidence leads to dismissal.
• Letting the 1-year limitation expire — Most grounds expire 1 year after discovery.
• Not consulting a lawyer early — Especially with high-value assets or children.

Frequently Asked Questions

Who keeps the house after divorce?
If the home is marital property and the primary residence, the court may award it to the parent with custody, with the other parent receiving compensation equal to half the value.

Can I divorce if my spouse refuses?
Yes, but you must prove a ground under Section 1516. Without a ground, the court will not grant divorce.

Can foreign spouses divorce in Thailand?
Yes, if the marriage was registered in Thailand or Thai law applies. Procedure is the same as for Thai citizens — at the District Office (consensual) or Family Court (contested).

How much do divorce lawyer fees cost?
THB 10,000–100,000 depending on complexity, assets, and whether children are involved. Consensual divorces don't require a lawyer, but having one draft the divorce agreement is wise.

Can I keep using my married surname?
Yes. The spouse who took the other's surname may keep it or revert to the original.

Conclusion

Divorce is complex emotionally and legally, but settling it correctly under Thai law is critical for the future — particularly regarding property, children, and legal status. If both spouses agree, consensual divorce is the fastest and cheapest option. If they cannot agree, consult an experienced family lawyer to gather evidence, plan the case, and protect your rights.