Thai Divorce Law:
Legal Grounds and Termination of Marriage
Divorce in Thailand is governed by the Civil and Commercial Code and may occur either by mutual consent or by court judgment. This article outlines the legal grounds for divorce, how the process works for Thai and foreign spouses, and what the law specifically states. Whether you're considering divorce or just seeking to understand your rights, this guide explains the essentials of Thai divorce law. Divorce in Thailand is the formal legal process that ends a marriage.
The Amphur or Amphoe is the district government administrative office. The district offices are responsible for marriage registrations and have the authority to again dissolve a marriage in case of a divorce on mutual consent. According to the Thai Civil and Commercial Code, grounds for divorce include mutual consent and court-approved causes. When a divorce is officially registered at the amphur (district office), a divorce certificate is issued to both parties - similar to the example shown in the image above.
How to get a divorce
Divorce: Mutual consent divorce
Divorce at the District Office (Amphur) in Thailand. A divorce in Thailand through the local district office (Amphur) is only possible when both spouses mutually agree on all key issues. These include the division of marital or jointly owned assets, child custody, and whether alimony (spousal support) will be paid, and if so, how much.
If the spouses cannot reach an agreement, either party can file a petition for divorce in court, but only on the legal grounds specified in the Thai Civil and Commercial Code. In such cases, the court will decide on the dissolution of the marriage and rule on matters such as asset division and spousal/ child maintenance, based on Thai law and the specific circumstances of the case.
When both parties agree to divorce (mutual consent), the process at the Amphur is generally faster, simpler, and less costly. Legal representation by a Thai lawyer is not required for this administrative divorce. However, both spouses must be present in person and must agree on all related matters — including property division, spousal and child support, and custody arrangements.
While not mandatory, it is strongly recommended to have a divorce settlement agreement drafted with the help of a lawyer before going to the Amphur. Also, note that the divorce does not need to be filed at the same district office where the marriage was originally registered.
Already agreed on the terms?
Finalize everything in one visit to the Amphur with our Thai divorce agreement template – instant download, lawyer-drafted, accepted nationwide.
Divorce by the judgment of the court
A contested divorce, i.e. dissolution of the marriage by the judgment of the court in Thailand, will take considerably more time, money and requires several court appearances and representation of a Thai lawyer. Grounds of action for a contested divorce are as follows:
- one spouse (husband or wife) has given maintenance to or honored such other person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;
- one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:
- (a) to be seriously ashamed;
- (b) to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
- (c) to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration;
- one spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce
- one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
- one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offense committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;
- The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
- one spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
- one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
- one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
- one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;
- one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
- one spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.
| Divorce Type | Where | Lawyer Required | Legal Basis |
|---|---|---|---|
| Mutual Consent | District Office | Optional | Agreement + Amphur registration |
| Contested (Fault‑based) | Court | Mandatory | Grounds under Section 1516 |
Go for a Contested or Uncontested Divorce in Thailand?
In Thailand, a lawyer is always necessary in contested divorce proceedings. Thai court cases are slow, expensive, and emotionally draining, and don’t assume your Thai lawyer or the system is always on your side. If there’s any chance to settle directly with your Thai spouse, take it. Even if you offer more than you think is fair, it almost always outweighs the cost, time, and frustration of going to court in Thailand. Finalize it with a clear written agreement. That’s not just advice, it’s mandatory (download your divorce settlement contract).
You can download a bilingual divorce agreement template here either to use as a reference or together with legal assistance.
When is an uncontested divorce in Thailand considered final?
An uncontested divorce in Thailand becomes final when both spouses personally appear at the local district office (Amphur), submit a signed divorce agreement, and officially register the divorce. Once accepted, the Amphur will issue the divorce certificates, and a copy of the divorce agreement will be retained in their records. This registration marks the legal conclusion of the marriage under Thai law.
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Marriage law in the Civil and Commercial Code of Thailand
BOOK V TITLE I, MARRIAGE
- Part I Betrothal → Sections 1435 - 1447
- Part II Conditions of Marriage → Sections 1448 - 1460
- Part III Relationship of Husband and Wife → Sections 1461 - 1464
- Part IV Property of Husband and Wife → Sections 1465 - 1493 (personal and marital assets)
- Part V Void of Marriage → Sections 1494 - 1500 (annulment)
- Part VI Termination of Marriage → Sections 1501 - 1535 (divorce and death)
BOOK V TITLE II PARENT AND CHILD
- Part I Parentage → Sections 1536 - 1560
- Part II Rights and Duties Parent and Child → Sections 1561 - 1584
- Part III Guardianship → Sections 1585 - 1598/18
- Part IV Adoption → Sections 1598/19 - 1598/37
- Part V Maintenance Sections 1598/38 - 1598/40
Continue: marriage and family law in Thailand
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Frequently Asked Questions
Can foreigners get divorced in Thailand?
Yes. Foreigners can get divorced in Thailand either through mutual consent at the district office or by court judgment. At least one spouse must meet jurisdiction requirements.
What are the official legal grounds for divorce?
Grounds include adultery, desertion, misconduct, and other causes outlined in Section 1516 of the Civil and Commercial Code.
Do I need a lawyer for divorce in Thailand?
If the divorce is contested, meaning one spouse does not agree, then yes, you will need a licensed Thai lawyer qualified to represent you in court. Thai courts only accept lawyers registered with the Thai Bar. Contested divorces can be time-consuming, emotionally difficult, and involve significant legal fees.
Can I avoid going to court with an uncontested divorce?
Yes, if both spouses agree on the divorce and any settlement terms (such as property division or child custody), a uncontested divorce by mutual consent is possible at the local district office (amphur). This process is much faster, less expensive, and does not require a court appearance.
However, if there are complications, like jointly owned property, real estate in the Thai spouse’s name, children, or long-term financial commitments, even a mutual divorce should be supported by a clear written agreement. In such cases, legal advice is strongly recommended to protect your rights.
Can I get a divorce in Thailand if my spouse is not in the country?
No, for a mutual consent divorce, both spouses must appear in person at the local district office (Amphoe) in Thailand. If your spouse is abroad, a contested divorce through the Thai courts may be the only option.
Do I need a divorce settlement agreement if we mutually agree to divorce?
Yes, under Thai law, a uncontested or mutually agreed divorce must be in writing and signed by both parties and at least two witnesses. A divorce settlement agreement is not only strongly recommended, it is often required by the district office (amphur) to finalize the divorce. The agreement should clearly address issues such as division of property, child custody, spousal support, and any financial arrangements. Thai Civil and Commercial Code Sections 1514 and 1522 set out these requirements. It's advisable to have the agreement drafted or reviewed by a legal professional to ensure it complies with Thai law.
Need help drafting a divorce settlement or confirming your legal options in Thailand?
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