What are the laws on divorce in Thailand?

Divorce in Thailand is the legal termination of a marriage, which cancels the legal duties and obligations between the spouses. The divorce process is regulated under Section 1516 of the Civil and Commercial Code. The Thai laws that regulate divorce are designed to protect the rights and the interest of both parties and any child involved. Divorce can be initiated through either mutual agreement (uncontested divorce) or a court judgment (contested divorce). Each type of divorce has its own procedures and requirements.

Can two foreigners with a foreign marriage divorce in Thailand?

Yes! Two foreigners, or spouses that did not marry in Thailand in the first place are entitled to file for a divorce in Thailand, even if none of them is a Thai citizen or the marriage was registered outside of Thailand.

To do so, only one of these conditions must be met:

• Either of the spouses should live in Thailand; or
• Have a child in Thailand; or
• Have property in Thailand; or
• The spouses should have been married in Thailand.

Note that if the marriage was made outside of Thailand, then, even if the spouses mutually agree to the divorce terms and conditions, the divorce petition must be filed with Thai courts as if it was a contested divorce. Divorce at the district office would not be an option in that scenario. Nevertheless, during the court process, both spouses can accelerate the proceedings by lodging a divorce agreeement with the court, thus terminating the court process and forcing the judge to give a ruling to enforce the divorce agreement, making the divorce final and valid. This divorce ruling can then be registered with the foreign spouse(s)' embassy in Thailand for recognition abroad.

Is there mutually consented divorce in Thailand?

A mutually consented divorce, also known as uncontested divorce, occurs when both spouses agree on all matters, such as asset division, child custody, and alimony. This type of processis faster and more affordable than a contested divorce, but requires both spouses to consent to the process. In order to file for a mutually consented divorce in Thailand, the marriage must have been registered in Thailand in the first place.

Required documents:

• Thai marriage certificate and prenuptial agreement (if any).
• Thai identification card (for Thai nationals).
• Thai house registration (for Thai nationals).
• Passport (for foreign nationals). Note that some district offices require a certified translation, others don't.

Both parties must be physically present at any district office to file for divorce. After completing and signing the divorce agreement in front of the registrar, the divorce will be recorded and a divorce certificate will be released immediately. For foreign nationals, it is strongly recommended that the divorce certificate is officially translated into English and legalized by the Ministry of Foreign Affairs before it can be registered at the respective embassy.  

What if the spouses do not agree on the divorce terms?

In a contested divorce, if the spouses cannot agree on divorce terms such as division of assets, spousal & child support, child custody, compensation for damages, then the court shall be petitioned by either spouse to make the final ruling. This process requires a formal divorce petition and the court will decide on issues as asset division, child custody, and alimony. This process is usually more time-consuming and expensive, and requires legal representation.

Required documents:

• Marriage certificate.
• Identification card (for Thai nationals).
• House registration (for Thai nationals).
• Passport (for foreign nationals).
• Children’s birth certificates (if any).
• Evidence supporting the grounds for divorce.
• Evidence of the assets.

Section 1516 of the Civil and Commercial Code outlines the legal grounds for divorce, which include:

1. Adultery or habitual sexual relations with another person.
2. Misconduct (criminal or otherwise) causing insult, shame, or injury to the other spouse.
3. Physical or mental harm inflicted on the other spouse.
4. Desertion by one spouse for more than one year.
5. Disappearance of a spouse for more than three years without any where abouts.
6. Failure to provide proper maintenance or engaging in acts harmful to the marriage.
7. Mental illness lasting more than three years and being irreparable.
8. Breach of a bond of good behavior executed by the spouse.
9. Incurable communicable disease of a spouse that may harm the other.
10. Physical incapacity making marital cohabitation impossible.

Once the party seeking the divorce files a petition citing the grounds for divorce, the court will first schedule mediation hearings, and then hearings to review evidence, hear testimonies and provide a judgement on divorce terms. A court order on the divorce will document the court’s decision, which both parties must comply with. Its non-compliance can result in legal penalties. However, either party can request a modification of the order if there is a change of circumstances. The court order can be legalized by the Thai Ministry of Foreign Affairs for registration with a foreign spouse's embassy.

What is usually at stake in a Thai divorce?

• ‍Division of assets: Thai law states that only marital property, meaning acquired during the marriage, is subject to division and has to be divided equitably between the parts. This division also concerns marital debts.
• Child custody and support: The court will takeinto account the best interest of the child for custody, considering different types of factors. The custody can be given to one or both parents, even thought here is no presumption of joint custody in Thailand. The non-custodial parent may be required to pay child support to cover expenses as education, healthcare, etc.
• Spousal support: Rarely, the court may decide an alimony from one spouse to the other, depending on the financial circumstances.