Divorce in Thailand may be by mutual consent (written, two witnesses, registered at Amphur) or by court judgment. Mutual consent requires agreement on property division, debts, support, and custody; in contested cases, the Court decides.
Section 1514 (Thai Civil & Commercial Code): Divorce by Mutual Consent vs. Court Divorce
In Thailand, divorce happens either by mutual consent (in writing, signed by two witnesses and registered at the district office) or by a court judgment. This entry explains how each option affects assets, debts,
compensation, and alimony, with practical notes for foreigners.
Section 1535: Spouses share common debts equally upon termination of marriage.
Sections 1523–1525: In fault-based court divorces, the Court may award compensation (e.g., adultery or intentionally intolerable conduct) and choose lump sum or installments, considering what each spouse already receives from the marital estate.
Section 1526: Alimony (maintenance) may be ordered only when divorce is due to one spouse’s fault and the other would be left without sufficient means; the Court weighs need vs. ability to pay.
Mutual Consent vs. Court Procedure (Financial Focus)
Topic
Mutual Consent (Amphur)
Court Divorce (Judgment)
How it’s done
Written agreement, signed before 2 witnesses, registered at district office.
Filed as a lawsuit; judge decides the issues and issues a decree.
Assets & Debts
Parties decide division in a divorce agreement (can mirror or vary from a 50/50 split if both agree).
Not typical mutual consent assumes settlement; compensation claims are generally a court-divorce issue.
Possible for adultery or intolerable conduct (ss.1523–1525); Court sets amount and payment mode.
Alimony (Maintenance)
Only if the parties agree to it in writing; otherwise, no automatic alimony.
Possible under s.1526 if: (1) one party is at fault, and (2) the other would lack sufficient means. Court weighs need vs. ability; not automatic.
When Do Thai Courts Grant Alimony?
Practical insights from Thai case law:
Not automatic: Courts use Section 1526 only when there is proven fault plus financial need. Many divorces end without alimony orders.
Changeable over time: Maintenance terms may be modified if circumstances (income/needs) change.
Proof of need matters: Judges look at whether the spouse can support themselves after divorce, income, property, and lifestyle are key factors.
In mutual-consent divorces, alimony exists only if both spouses agree to it in their settlement; otherwise, there is no court-imposed maintenance.
Using Mutual Consent to Settle Finances
Draft a written settlement covering: asset division, responsibility for debts, whether any spousal maintenance will be paid, and (if applicable) child support and custody (section 1520).
Sign before two witnesses and register the divorce at the district office (Amphur).
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