Finding love and getting married in the land of smiles is a wonderful thing. Unfortunately, sometimes life doesn’t go as planned and marriages end, requiring a divorce. For a non-Thai national married to a Thai national in Thailand, the divorce process can feel daunting. Here are some of the basics you should know before getting started. For advice regarding your own situation, it is best to speak to a qualified lawyer.
Reasons for Divorce
Thai law provides two basic routes:
- Mutual Consent (Uncontested): both spouses agree on the divorce and all its terms (assets, dependent children). You file at a district office or family court and walk out divorced once the paperwork is complete.
- Contested (Fault-based): if one spouse contests or you don’t agree on terms, you can ground your suit on:
- adultery
- transmission of a serious disease
- physical danger (abuse or misconduct causing real harm)
- desertion (abandonment for at least one year)
- imprisonment (over one year)
- disappearance (over three years without news)
- impotence or permanent physical incapacity
- mental incapacity after a court finding
Assets
Property or money you both acquired during the marriage (sin somros) is split 50/50. Anything you owned before getting married, personal gifts or inheritances, or items declared separate (sin suan tua) stay with you. A valid prenuptial agreement can adjust these rules. It is best to handle these questions before getting married rather than during a divorce.
Dependent Children
In an uncontested divorce, you and your spouse register your custody agreement together. In a contested case, the family court decides based on the child’s best interests—looking at emotional bonds, parental fitness, stability, and even the child’s own preference if they’re old enough. For kids born out of wedlock, the mother has automatic custody unless the father legally “legitimizes” the child. You can learn more about legitimation on our Parental Legitimation page here.
Divorce in Thailand for Marriages Registered Abroad
If your marriage was registered outside Thailand but you live in Thailand, you can only pursue a contested divorce in Thai court. Administrative (uncontested) divorce is available only for marriages registered in Thailand or at a Royal Thai Embassy. If you plan to remarry at some point, find out how to register your Thai divorce in your home country so you can obtain a certificate of single status (it is called by different names in different countries. i.e. certificate of non-impediment, affirmation of freedom). In this case it is imperative to consult with qualified lawyers in both jurisdictions.
Getting divorced anywhere is stressful, but knowing Thailand’s rules helps you plan. Get legal advice early so you understand your rights and options every step of the way.
To discuss a potential uncontested or contested divorce, you can contact us:
Phone: +66 2 651 5449
Whatsapp: +66 89 929 6355
LINE: @visathai
Email: [email protected]
