Thai Divorce Law:
Legal Grounds and Termination of Marriage
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Divorce in Thailand is governed by the Civil and Commercial Code and may occur either by mutual consent or by court judgment (section 1514). 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.
Some legal terms and article numbers appear as dotted-underlined links, hover for a brief explanation, click for a detailed Thai law definition.
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 based 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 Type | Where | Lawyer Required | Legal Basis |
|---|---|---|---|
| Mutual Consent | District Office (Amphur) | Optional | Agreement + Amphur registration |
| Contested (Fault-based) | Court | Mandatory | Grounds under Section 1516 |
| Divorce Mediation | Court Mediation Center | Optional | CPC Amendment No. 32 (2020) |
| Note: Court-run mediation can be requested before filing or during a case. If settlement is reached, the court can issue a consent judgment. See the Court of Justice Mediation Portal. | |||
Divorce in Thailand – Process Overview
Divorce: Mutual consent divorce
Divorce at the District Office (Amphur) in Thailand. A divorce in Thailand through the local district office 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. Both spouses must appear in person, agree on all related matters (property division, spousal/child support, and custody), and present the required documents. The divorce does not need to be filed at the same district office where the marriage was originally registered—and it does not require both spouses to attend together at the same time and place, which makes the process faster; it can also be completed under a different office procedure (for example, one spouse at a Thai Embassy or Consulate abroad and the other at an Amphur in Thailand).
Amphur (Embassy) Divorce procedure
A mutual-consent divorce can also be completed at any Royal Thai Embassy or Consulate-General abroad, following the same in-person process as at an Amphur in Thailand, either with both spouses appearing together, or via the different office procedure where one spouse attends an embassy/consulate and the other an Amphur in Thailand. Required forms:
- the original Thai marriage certificate (Khor Ror. 3)
- completed “application for registration of divorce” (Khor Ror. 6)
- Thai ID card and house-registration (Thai spouse)
- passports of both spouses
- two Thai-national witnesses with their ID cards and passport copies
- divorce agreement (when a divorce involves no property division, spousal support, or child support, the Khor Ror 6 form alone will suffice).
While not always mandatory, for a mutual uncontested divorce it is strongly recommended to have a divorce settlement agreement ready before going to the Amphur or Thai embassy or consulate.
Divorce by Judgment of the Court
A contested divorce, i.e., dissolution of marriage by a Thai court, typically involves more time and expense, requires several court appearances, and must be handled by a Thai lawyer. The grounds for a contested divorce (section 1516) are set out below, as amended in January 2025 by the Marriage Equality Act.
Section 1516 — Grounds for Divorce (Thailand)
Reflects the Civil and Commercial Code Amendment Act (No. 24), B.E. 2567 (2025). For accuracy, consult the official Thai text.
Section 1516. The grounds for instituting an action for divorce are as follows:
- when either spouse maintains or honours a third person as a spouse, commits adultery, or habitually has sexual intercourse with a third person, the other may institute an action for divorce;
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when either spouse commits misconduct, irrespective of whether or not it constitutes a criminal offence, if it causes the other—
- to suffer serious disgrace;
- to suffer contempt or hatred as a result of continuing to be the spouse of the party committing the misconduct; or
- to suffer excessive injury or trouble, taking into account the nature, conditions, and joint living of the spouses;
- when either spouse physically or mentally assaults or tortures, or defames or vilifies, the other or his ascendants; if it is serious, the other may institute an action for divorce;
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when either spouse has wilfully abandoned the other for over one year, the other may institute an action for divorce;
- when either spouse has been sentenced to imprisonment by a final judgment and has been imprisoned for more than one year for an offence the causing of which the other had no part in or the commission of which the other did not consent to or connive at, and the other would suffer excessive injury or trouble if they continue to be spouses, the other may institute an action for divorce;
- when the spouses voluntarily live apart because of having been unable to peacefully live together as a married couple for more than three consecutive years, or they have lived apart as a result of a court order for more than three years, either of them may institute an action for divorce;
- when either spouse has been adjudged by a court to have disappeared or has left the domicile or abode for more than three years without anyone knowing exactly if he has already died or is still alive, the other may institute an action for divorce;
- when either spouse fails to support or maintain the other appropriately or commits an act which is seriously adverse to the spousal state, if it is considerable to the extent that it causes excessive trouble to the other, taking into account the nature, conditions, and joint living of the spouses, the other may institute an action for divorce;
- when either spouse has been insane for more than three consecutive years and such insanity has no prospect of recovery and is considerable to the extent that it is no longer bearable to live together as spouses, the other may institute an action for divorce;
- when either spouse breaches a bond of good behaviour executed in writing, the other may institute an action for divorce;
- when either spouse has contracted a serious communicable disease likely to harm the other and the disease has a chronic nature without possibility of recovery, the other may institute an action for divorce; or
- when either spouse has a physical condition which renders him permanently incapable of sexual intercourse or incapable of performing or accepting an act of satisfying the desire of the other, the other may institute an action for divorce.
Cost of Divorce in Thailand (2025)
Typical lawyer fees and procedural costs for uncontested and court divorces in Thailand, based on current practice.
| Type of Divorce (Thailand) | Where | Typical Cost (THB) | Lawyer Needed? | Court / Mediation | Typical Duration | Key Notes |
|---|---|---|---|---|---|---|
| Uncontested Divorce (Administrative) | District Office (Amphur) | 0 – 15,000 Gov’t fee usually 0–50 THB; lawyer-drafted agreement optional. |
Optional | No court; no mediation | 1 day – 1 week | Both spouses must appear. Bring IDs, marriage cert. Bilingual agreement recommended for expats. |
| Court Divorce – Settled at Mediation | Thai Family Court | 5,000 – 50,000 Court mediation itself is free; main costs are filing + optional lawyer time. |
Optional / Usually helpful | Court-led mediation first (promoted by judges) | ~1 – 3 months | Most cases end in mediation. Limited hearings, medium-low cost, minimal lawyer involvement if terms are simple. |
| Full Contested Divorce (Trial) | Thai Family Court | 80,000 – 200,000+ Rises with custody disputes, foreign assets, multiple hearings. |
Yes | Evidence & witness hearings; mediation attempted first | ~6 – 18 months | Highest cost and longest timeline. Use only if settlement fails. |
| Recognition / Legalisation Only | MFA / Embassy / Court (as needed) | 5,000 – 30,000 Translations, certifications, and filings. |
Optional | N/A | ~2 – 8 weeks | For using Thai divorce abroad or foreign divorces in Thailand; costs vary by embassy and document count. |
Most Thai law firms price uncontested divorces on a fixed fee. Court cases are usually billed by stage: filing + mediation first, and additional hearings if the case proceeds to trial. A single flat fee that covers both mediation and a full trial is uncommon.
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.
Go for a Contested or Uncontested Divorce in Thailand?
Quick tip: choose the fastest, lowest-cost path.
- Best & fastest, Amphur divorce (mutual consent): if you both agree and can appear, register at the district office. Costs are minimal and you’re done the same day. How the Amphur process works →.
- Can’t agree? Use the court path, try mediation first: ask the court for court-run mediation (Civil Procedure Code section 20 ter pre-filing / section 20 bis during a case). No court fee for pre-filing mediation; if you settle, the judge can issue a consent judgment, often the same day.
- Full contested trial: multiple hearings, translations, evidence, and higher legal fees over months (sometimes years). Grounds required under Civil and Commercial Code section 1516.
If you both agree and can attend a registrar, the administrative Amphur route is fastest. If you can’t agree you must use the court path. Mediation can still convert the court path into a quick consent judgment, ask the court for mediation first, then if settled the judge can issue a consent judgment (often same-day).
You can download a bilingual divorce agreement template from this website, either to use as a DIY template, reference or together with legal assistance.
When is an uncontested divorce in Thailand considered final?
In a Thai-foreign mutual-consent divorce, spouses must draft and sign a divorce agreement with Thai translation (only required if dividing assets, spousal or child support; otherwise the Khor Ror. 6 form alone suffices), complete and sign the Khor Ror. 6 form, and (with two Thai-national witnesses) appear at the Amphur with the original Thai marriage certificate (Kor Ror. 3), the Thai spouse’s ID card and house registration, and the foreign spouse’s passport (plus any legalized translations, the passport itself does not need to be translated) to submit, sign, and receive the divorce certificate. This registration makes the divorce final and marks the legal conclusion of the marriage under Thai law.
Mediation in Divorce Cases in Thailand
Official, court-backed mediation information for foreigners and expats in Thailand.
In Thailand, mediation is part of the official court system and is not run by private lawyers. The Civil Procedure Code (Amendment No. 32, B.E. 2563 / 2020) introduced pre-filing mediation: before starting a lawsuit, spouses may apply to the court to appoint a mediator. If they reach agreement, the court can issue a consent judgment the same day, with no court fee. If no settlement is reached, the limitation period is extended, and either spouse may still proceed with a normal divorce case.
Most courts in Thailand have a Mediation Center supervised by the Office of the Judiciary, and judges often refer contested divorce cases to mediation during proceedings. The process is confidential, less costly, and can be conducted in person or online. For foreigners and expats, this is a reliable, court-backed way to settle issues such as property division, maintenance, or child custody without a lengthy trial. Official details are published by the Court of Justice of Thailand and in the Royal Gazette. Read more: A Court Mediated Divorce
Uncontested Divorce vs. Court Divorce in Thailand
Both types of divorce are legally valid under Thai law, but they differ in procedure and how a divorce agreement can be enforced later.
| Type | Key Features | Advantages | Limitations |
|---|---|---|---|
| Uncontested Divorce (Administrative) Registered at the District Office (Amphur) |
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| Court Divorce (Judgment or Mediated Settlement) Granted by the Thai Family Court |
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In summary: an uncontested divorce with a signed agreement is fast and simple but relies on contract enforcement if problems arise. A court divorce (even when settled through mediation) provides a judgment that is immediately enforceable without a new case.
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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
Religious Divorce in Thailand (Islamic and Buddhist)
Divorce in Thailand is governed by the Civil and Commercial Code sections 1501-1535 and applies to all registered marriages. Limited religious considerations exist alongside this civil framework.
Islamic Divorce in Thailand
In the southern provinces of Pattani, Narathiwat, Yala, and Satun, the Act on the Application of Islamic Law in Family and Inheritance (1946) allows Muslim spouses to proceed under Islamic principles (e.g., talaq, fasakh) before provincial Islamic Committees and courts. For nationwide legal effect, the divorce must also be registered at the district office (Amphur). Outside these provinces, a religious procedure alone has no legal effect without the civil process.
Buddhist Divorce in Thailand
Thailand has no separate Buddhist divorce procedure. All divorces for Buddhists and non-Buddhists alike are completed under the Civil and Commercial Code, either by mutual consent at the district office or by court judgment when contested.
In practice, couples may observe religious rites for cultural or spiritual reasons, but only the civil process legally dissolves the marriage under Thai law.
Same-Sex Marriage and Divorce in Thailand
As of 23 January 2025, Thailand officially recognizes same-sex marriage under the Marriage Equality Act (Civil and Commercial Code Amendment No. 24, 2567 BE). This makes Thailand the first country in Southeast Asia to grant full marriage equality. Same-sex couples now have the same legal rights and obligations as heterosexual couples, including inheritance, adoption, and spousal benefits. They may also divorce under the Civil and Commercial Code, either by mutual consent at the district office (Amphur) or by court judgment in contested cases.
While the law is in force nationwide, some administrative processes (such as adoption or gender-specific forms) are still being updated. Couples are advised to confirm procedures at their local district office.
Click a question below to expand the answer:
Frequently Asked Questions
How can a Thai–foreign couple register an uncontested (mutual-consent) divorce under Thai law?
Thai–foreign couples file an uncontested divorce (amphur divorce) by completing and signing the Khor Ror 6 form at their local Amphur in Thailand or at any Royal Thai Embassy/Consulate abroad. You must bring: the original Thai marriage certificate (Kor Ror 3), two Thai-national witnesses with ID cards or passports, the Thai spouse’s ID card and house registration (Tabian Baan), and the foreign spouse’s passport (with certified Thai translations and legalization for any non-Thai documents). The process is free and, when there are no contested issues, takes effect immediately upon submission.
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 or at any Royal Thai Embassy or Consulate-General overseas. If your spouse is abroad and a joint application for a uncontested divorce is not possible a divorce through the Thai courts may be the only option.
Do I need a divorce settlement agreement if we mutually agree to divorce?
The official divorce application form (Khor Ror 6) can serve as a basic mutual-consent divorce agreement (complies with section 1522 of the Civil and Commercial Code), but if your divorce involves division of property, child custody, spousal support or any other financial arrangements, the Amphur or (Thai Embassy) will require a detailed divorce agreement that clearly addresses those issues. Sections 1514 and 1522 of the Thai Civil and Commercial Code set out these requirements. If there are no property, spousal or child-support matters to resolve, the Khor Ror 6 form alone is sufficient.
Need help drafting a divorce settlement or confirming your legal options in Thailand?
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