Filing of Divorce in Thailand

Divorce is one of the most significant legal processes in family law, bringing an end to the marital relationship and requiring the fair settlement of property, financial obligations, and parental responsibilities. In Thailand, divorce is governed primarily by the Thai Civil and Commercial Code (CCC), which sets out procedures for both administrative (uncontested) divorce and judicial (contested) divorce. Understanding how divorce works under Thai law is crucial for both Thai nationals and foreigners married in Thailand or to a Thai spouse.

This article explores the legal framework, procedures, requirements, and practical considerations involved in filing for divorce in Thailand.

Legal Basis for Divorce in Thailand

Divorce in Thailand is provided for under Book V of the Thai Civil and Commercial Code, specifically Sections 1501–1520. Thai law recognizes two main types of divorce:

Divorce by Mutual Consent (Administrative Divorce) – where both spouses agree to terminate the marriage and register the divorce together at the district office (Amphur or Khet).
Divorce by Court Judgment (Judicial Divorce) – where one spouse files a case in court, usually due to disputes or lack of consent.

Types of Divorce in Thailand

1. Divorce by Mutual Consent

This is the simpler and less costly form of divorce in Thailand. Key features include:

Agreement of both parties: Both spouses must voluntarily agree to the divorce.
Registration at Amphur/Khet: The divorce must be registered at the same district office where the marriage was recorded or any other district office in Thailand.
Written divorce agreement: Couples are encouraged to create a written settlement covering property division, child custody, and financial support. This agreement must be signed by both spouses and witnessed.

Advantages:

Fast and inexpensive.
Avoids lengthy court procedures.
Allows couples to negotiate their own settlement.

Limitations:

Only available when both parties agree.
Foreign marriages registered outside Thailand cannot always use this method.
Some foreign jurisdictions may not recognize an administrative divorce without court involvement.

2. Divorce by Court Judgment

If spouses cannot agree to divorce, or if one party does not consent, the only way forward is through a judicial divorce. This requires filing a case with the Thai Family Court.

Grounds for divorce are defined under Section 1516 of the CCC, including:

Adultery or infidelity.
Misconduct causing shame, insult, or harm.
Desertion for more than one year.
Imprisonment of one spouse for more than a year.
Failure to provide proper maintenance and support.
Separation for at least three years.
Incurable mental illness.
Serious breach of marital duties.

Process:

A petition is filed by one spouse.
The court holds hearings and examines evidence.
A judgment is issued granting or denying divorce.
Once final, the judgment is registered at the Amphur/Khet.

Advantages:

Provides a legal remedy when one spouse refuses to consent.
Court can enforce a fair division of assets, custody, and support.

Limitations:

More time-consuming and expensive than administrative divorce.
Requires legal representation and court hearings.
Emotional strain due to litigation.

Division of Property in Divorce

Thai law classifies property into two main categories:

Sin Suan Tua (Personal Property) – Property owned before marriage, inherited assets, or personal belongings. These remain with the original owner after divorce.
Sin Somros (Marital Property) – Assets acquired during the marriage, including income, jointly acquired property, and returns from Sin Suan Tua. These are divided equally upon divorce.

The court or divorce agreement determines the division of Sin Somros, while Sin Suan Tua remains with its owner.

Child Custody and Support

When children are involved, Thai law prioritizes the best interests of the child. Custody arrangements must be specified in the divorce agreement or determined by the court. Key points:

Custody may be granted to one parent or shared.
Both parents may retain guardianship rights, but the court decides on living arrangements.
Child support obligations must be determined. The non-custodial parent usually contributes financially according to their means.

Spousal Maintenance

One spouse may claim financial support from the other if they are unable to maintain themselves post-divorce. The court considers factors such as financial capacity, fault in the marriage breakdown, and fairness when awarding maintenance.

Required Documents for Filing Divorce in Thailand

The documentation depends on whether the divorce is administrative or judicial:

For Mutual Consent Divorce:

Marriage certificate (original and copies).
Identification cards or passports of both spouses.
Divorce agreement (covering custody, support, property division).
House registration documents (for Thai nationals).
Two witnesses (to sign the agreement at the district office).

For Judicial Divorce:

Marriage certificate.
Petition citing legal grounds for divorce.
Evidence supporting the claim (e.g., proof of adultery, desertion, or financial misconduct).
Identification documents of the petitioner.
Witnesses may be required in court.

Divorce Involving Foreign Nationals

Thailand is a popular location for international marriages. If one spouse is a foreigner:

Recognition abroad: Administrative divorces may not be recognized in the foreign spouse’s country unless validated by a court. Couples should seek advice in both jurisdictions.
Translation and legalization: Divorce certificates may need certified translation and legalization by the Ministry of Foreign Affairs for use abroad.
Conflict of laws: Property located overseas may require separate proceedings in the relevant country.

Duration and Costs

Mutual Consent Divorce: Often completed in a single day at the district office with minimal fees.
Judicial Divorce: May take months or even years, depending on complexity, evidence, and court backlog. Legal fees can be substantial.

Practical Considerations

Seek legal advice early: Especially for contested divorces or when significant property is at stake.
Draft a clear divorce agreement: Helps prevent future disputes.
Consider mediation: The Thai Family Court often encourages mediation before trial.
Check recognition abroad: International couples should ensure their divorce will be recognized in both countries.

Conclusion

Filing for divorce in Thailand is a structured legal process that depends heavily on whether the spouses agree to end their marriage amicably or not. While an administrative divorce offers a quick and relatively simple route, a contested divorce through the courts provides protection and fairness when disputes arise.

Divorce involves more than just ending a marriage; it requires fair distribution of assets, arrangements for child custody, and financial support. Whether Thai or international, couples should approach the process with a clear understanding of their rights and obligations under Thai law.