How Does Thai Divorce Law Work? Complete Guide

Overview

Divorce in Thailand is governed by the Civil and Commercial Code B.E. 2468 (1925), Book V (Family Law). Thailand recognizes two types of divorce: administrative (mutual consent) and judicial (contested).

Types of Divorce

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Administrative Divorce (Divorce by Mutual Consent)

Both parties agree to divorce

Registered at the local district office (Amphoe)

Fastest method — can be completed in one day

Requires agreement on property division and child custody

Both parties must appear in person with two witnesses

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Judicial Divorce (Court Divorce)

One party files for divorce through the court

Required when parties cannot agree

Must establish legal grounds for divorce

Process typically takes 6–18 months

Grounds for Judicial Divorce

Thai law recognizes 12 grounds for divorce (Section 1516):

1. The other spouse has taken a paramour or committed adultery

2. Misconduct (criminal or otherwise) causing serious harm 3. Physical or mental harm to the other spouse 4. Desertion for more than one year 5. Imprisonment for more than one year for an offence the other didn't participate in 6. Living apart for more than three years 7. Disappearance for more than three years 8. Failure to provide proper maintenance 9. Insanity lasting more than three years 10. Breach of a bond of good behavior 11. Incurable communicable disease 12. Physical condition preventing cohabitation permanently

Property Division

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Marital Property (Sin Somros)

All property acquired during the marriage

Divided equally (50/50) upon divorce

Includes income, assets, and debts acquired during marriage

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Personal Property (Sin Suan Tua)

Property owned before marriage

Inherited property or gifts received during marriage

Personal effects

Remains with the original owner

Child Custody

- Parents can agree on custody arrangements

If no agreement, the court decides based on the child's best interests

Joint custody is possible but one parent is designated primary custodian

Child support is determined based on the child's needs and parents' income

International Divorces

- If one spouse is Thai and married in Thailand, Thai courts have jurisdiction

Foreign divorces may need to be recognized in Thailand

Prenuptial agreements are enforceable if properly executed

Property division follows Thai law for assets in Thailand

Related Guides

[Family Law](/family-law)

[International Divorce](/blog/international-divorce-thai-foreign-law)

[Prenuptial Agreements](/blog/prenuptial-agreements-thailand)