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Process a Thai Divorce (Contested or Uncontested)
Thai divorce is either uncontested (mutual consent registered at Amphur, same-day) or contested (Family Court action under CCC §1516, several months).
Last reviewed: 2026-06-15 · by Anglo Siam Law Editorial Team · How we research this topic
TL;DR
Uncontested Thai divorce: both parties + agreement → Amphur (District Office) → same-day registration. Contested: Family Court petition under CCC §1516 grounds → mediation → trial → judgment → registration.
Overview
Thai divorce is either uncontested (mutual consent registered at Amphur, same-day) or contested (Family Court action under CCC §1516, several months). This guide explains what to expect, your rights, and the steps you should take to protect yourself in this situation.
Immediate Steps to Take
Determine uncontested or contested.
Uncontested: prepare written settlement (custody, support, property division), both attend Amphur with IDs + marriage certificate, register the divorce same-day.
Contested: engage counsel, file petition at Family Court covering the marriage registration place, cite CCC §1516 ground (1-10).
Court-ordered mediation phase.
If unresolved → trial → judgment.
Register judgment at Amphur on becoming final.
Legal Considerations
Important legal points to understand about this situation:
CCC §1516 enumerates 10 contested-divorce grounds (adultery, desertion, abuse, mental illness, irretrievable breakdown after 3-year separation per §1516(10), etc.).
Community-property division per §1474 onwards.
Custody and child support under §1564-1599.
Prenup, if validly registered, controls property division.
Key Statutes
| Statute | Reference | Note |
|---|---|---|
| Civil and Commercial Codeประมวลกฎหมายแพ่งและพาณิชย์ | §1501-1599 |
Common Mistakes to Avoid
- Treating cohabitation breakup as needing divorce — only registered marriage requires divorce.
- Skipping settlement agreement at Amphur — court action later disputes.
- Forgetting to update wills + insurance beneficiaries after divorce.
Embassy Assistance
What Your Embassy Can Do
No direct role; may legalise documents for foreign use.
Frequently Asked Questions
Foreign divorce recognised?
Yes — register foreign divorce certificate (legalised) at any Amphur.
Same-sex divorce?
From 22 January 2025, the same process applies as for opposite-sex married couples.
Expected Timeline
Uncontested: same day at Amphur. Contested: 6-18 months depending on complexity.
Related Topics
Get Professional Help
When Legal Representation Matters
If you are experiencing process a thai divorce (contested or uncontested), immediate professional legal assistance is essential to protect your rights and navigate this situation effectively.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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