Types of Filing of Divorce in Thailand

Divorce is the legal termination of a marriage, and in Thailand, it is governed by the Civil and Commercial Code. The Thai legal system recognizes both mutual consent divorces and contested (litigation) divorces, depending on whether the parties agree or disagree on the separation and its terms. Understanding the types of divorce filings in Thailand is crucial for anyone—Thai or foreign—who is considering ending a marriage under Thai law.

This article explains the two main types of divorce in Thailand, their procedures, legal requirements, and the implications for matters such as child custody in Thailand, property division, and spousal support.

1. Administrative Divorce (Uncontested Divorce or Divorce by Mutual Consent)

An administrative divorce, also known as a mutual consent divorce, is the simplest and fastest way to dissolve a marriage in Thailand. It is available only to couples who were married in Thailand or whose marriage was legally registered at a Thai district office (amphur).

Key Characteristics:

No need to go to court
Requires both spouses to agree on the divorce
Must be filed at the local district office where the marriage was registered or any district office in Thailand

Requirements:

Marriage registration certificate (proving legal marriage in Thailand)
Both parties must be present in person
Agreement on all divorce terms, including:
- Division of property and debts
- Child custody and support (if applicable)
- Spousal support (if any)

If the couple has children, the agreement on custody and support must be written and submitted along with the divorce filing. Thai authorities may require this agreement to be certified by the court or scrutinized to ensure it serves the best interests of the child.

Procedure:

Visit the district office (amphur) together with necessary documents
Fill out the divorce application form
Sign the divorce agreement in the presence of an official
Divorce certificate is issued immediately

Benefits:

Fast and inexpensive
No court hearings
Less emotionally taxing than a contested divorce

Limitations:

Not available for couples married outside Thailand (foreign marriages must go through a court process)
Not possible if one party refuses or cannot be located
May not be recognized in some foreign countries without a court judgment

2. Contested Divorce (Litigated Divorce or Divorce by Judgment)

A contested divorce, also known as a divorce by court judgment, is required when:

One party does not agree to the divorce
The couple cannot agree on key issues (e.g., property, children, alimony)
The couple was married outside Thailand or only held a religious or traditional ceremony without Thai legal registration

In this case, the spouse who wants the divorce must file a lawsuit in the Thai Family Court, citing a valid ground for divorce as per the Thai Civil and Commercial Code (Section 1516).

Grounds for Divorce in Thailand:

Thai law recognizes several legal grounds for divorce, including:

Adultery committed by the spouse
Misconduct or serious abuse
Desertion for more than one year
Failure to provide proper maintenance or support
Imprisonment of one spouse for over a year
Separation for over three years
Mental illness or incurable disease
Mutual consent not reached and inability to live together

The filing party must provide evidence to support their claim. This may include witness testimony, documents, photos, or other proof.

Procedure:

File a divorce petition with the Family Court
Court issues a summons to the other spouse
Attend court hearings
The court may attempt mediation to reach an agreement
If no agreement is reached, the judge issues a final ruling
Once the ruling is final, the court registers the divorce

Issues Addressed in Court:

The court may resolve disputes related to:

Custody of children
Child support obligations
Division of marital property and debts
Spousal maintenance or alimony

Benefits:

Ensures full legal process with enforceable judgment
Recognized in most foreign jurisdictions
Ideal for complicated cases or where abuse/misconduct is involved

Challenges:

Time-consuming (may take several months or more)
Costly (legal and court fees)
Emotionally taxing, especially if children are involved

Divorce Involving Foreign Nationals

Thailand is a popular destination for international marriages, and many divorces involve at least one foreign spouse. The divorce process depends on the type of marriage and whether it was registered under Thai law.

If the marriage was registered in Thailand, an administrative divorce is possible (if both parties agree).
If the marriage was not registered in Thailand, or one party is abroad and cannot attend the amphur, then a contested divorce through court is required.

Foreigners should also consider the recognition of the Thai divorce in their home country. Some countries require court-issued divorce judgments to legally dissolve the marriage under their domestic law.

Recognition of Thai Divorces Abroad

An administrative divorce may not be accepted in some jurisdictions, especially if the foreign spouse did not attend in person.
A court judgment divorce is usually more universally accepted and can be legalized with appropriate translation and authentication.

It is advisable to consult a lawyer experienced in international family law to ensure the divorce is valid in both Thailand and the foreign spouse’s country.

Conclusion

Thailand offers two primary types of divorce: administrative (uncontested) divorce and court-ordered (contested) divorce. Each type serves different circumstances and comes with its own procedures and legal consequences. The administrative route is ideal for amicable separations, while the court route is necessary for contested cases or where legal complexities arise.

Understanding the distinction between these divorce types helps individuals—both Thai citizens and foreign nationals—choose the appropriate path, protect their rights, and plan effectively for matters such as child custody, property division, and legal recognition across borders.