Divorce in Thailand for Foreigners

Section 1514 of the Civil and Commercial Code allows a divorce by mutual consent, made in writing and certified by at least two witnesses, which takes effect when it is registered. Registration takes place at a district office, and in practice it is most straightforward where the marriage itself was registered in Thailand and both spouses attend in person with their identity documents. Where one spouse is abroad, cannot attend or does not agree, the registered route is usually not available.

A court divorce is required where the spouses do not agree, or where a registered divorce is not accepted for the marriage concerned. The petitioning spouse must prove one of the grounds set out in Section 1516, such as separation for a continuous period, desertion, serious misconduct, failure to provide proper maintenance or other grounds listed in the Code. The court may also decide custody, maintenance and the division of property in the same proceedings.

Couples who married abroad and never registered the marriage in Thailand should check first whether a Thai district office will register their divorce, or whether a divorce in the country of marriage, or a Thai court divorce, is the better route. We confirm this before either spouse travels or signs anything, because a registration refused at the counter often means weeks of delay.

Under Thai law, the divorce agreement or the court judgment must state who will exercise parental power over each minor child. Parents may agree that one of them holds parental power, or that it is shared, and the agreement should also cover the other parent's contact, schooling decisions, travel abroad and passport applications. A vague clause such as 'the parents will cooperate' rarely helps when a real disagreement arises later.

Child maintenance can be fixed as a monthly amount, a lump sum or a combination, and should state how it will be paid, adjusted and evidenced. Where one parent lives abroad, we recommend stating the currency, the bank account and what happens if payments stop. Where a court decides custody, it considers the child's welfare first, and the parents' nationality does not by itself decide the outcome.

Children with Thai nationality, or dual nationality, may need a parent's consent to leave Thailand. We explain how the divorce terms interact with passport and travel-consent practice so that neither parent is surprised at an airport. For international relocation of a child without consent, separate rules on international child abduction may apply, and we advise on them where relevant.

Thai family law distinguishes personal property (sin suan tua), such as property owned before the marriage or received by inheritance or gift, from marital property (sin somros), which broadly covers property acquired during the marriage and income from personal property. On divorce, marital property is in principle divided equally between the spouses, unless they validly agree otherwise or a prenuptial agreement registered with the marriage provides differently.

Land in Thailand is frequently registered in the Thai spouse's name, and Land Offices often ask the foreign spouse to confirm at the time of purchase that the funds were the Thai spouse's personal property. That statement can affect the division later. We review the purchase records, loan documents and any declarations made at the Land Office so the agreement reflects the legal position rather than assumptions.

Company shares, bank deposits abroad, pension rights and vehicles should each be listed specifically. Where an asset will be sold, the agreement should state who manages the sale, the minimum acceptable price and how the proceeds are split. Where a foreign court will also be involved, we coordinate wording so that the Thai agreement does not contradict orders made elsewhere.

A foreign spouse whose permission to stay is based on marriage to a Thai national loses that basis once the divorce is registered or the judgment becomes final. Immigration practice usually requires a change to another basis of stay — retirement, employment, a Destination Thailand Visa or a Non-Immigrant O visa as the parent of a Thai child, where the criteria are met. We review the options before the divorce date so that the change can be filed promptly.

Recognition abroad is a separate step. Many countries accept a Thai divorce certificate or judgment once it is translated and, where required, legalised; from 28 February 2027 an apostille will replace legalisation for use in other Convention countries, while legalisation continues until then. Some countries also require the divorce to be entered in a domestic register. We prepare certified translations and explain the receiving country's stated requirements, but recognition remains the decision of that country's authorities.

Practical updates follow the divorce as well. A foreign spouse who held shares or a directorship in a family company, or who was named on a bank account, utility contract or condominium juristic-person record, should update those records with the divorce documents. A new will is also worth considering, because a will made during the marriage may still benefit the former spouse unless it is revoked or replaced.

Divorce is a personal and often difficult decision. Our role is to make each step clear, keep both spouses informed of what they are signing, and protect the client's legal position calmly. A Free Initial Case Assessment lets you understand the available route before any commitment, and you may Request a Formal Quotation once the scope is known.