Thailand Law Online
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Divorce
Glossaries
| Term | Definition |
|---|---|
| Divorce | Divorce in Thailand is the legal procedure that formally terminates a marriage. The dissolution of marriage is governed by section 1501 and the following provisions of the chapter “Termination of Marriage” in the Thai Civil and Commercial Code. Divorce in ThailandDivorce in Thailand can generally follow two legal pathways: an administrative divorce by mutual consent at the Amphur or district office, or a divorce by court judgment under the Thai Civil and Commercial Code. The articles and resources below explain the main divorce procedures, divorce agreements, Kor Ror 6/7 registration forms, property division, child support, alimony and related Thai family law issues commonly affecting foreigners and expats in Thailand. Two Legal Pathways to Divorce in ThailandThai law generally recognizes two legal pathways to divorce: administrative divorce by mutual consent at the Amphur, or divorce by court judgment under the Thai Civil and Commercial Code. In practice, court divorce proceedings often begin with mediation. When the parties reach settlement, the court may issue a consent judgment instead of continuing a fully contested trial.
Amphur Divorce and Kor Ror 6/7A mutual consent divorce is the fastest route when both spouses agree. The Amphur registrar records the divorce in the official divorce registration documents, including Kor Ror 6, and the parties receive divorce certificates. Court Divorce and Contested DivorceA court divorce may be required when one spouse does not consent, when the parties cannot agree on property, children or support, or when a court judgment is needed for enforcement or international use. Property Division, Alimony and Child SupportDivorce in Thailand may involve division of marital property, personal property, child support, custody arrangements and possible spousal support. These issues should be clearly addressed in a divorce agreement or court proceedings. Divorce Agreements and DocumentsIn a mutual consent divorce, the divorce agreement is important even if the Amphur only records or summarizes the essential terms. The signed agreement may still serve as evidence of the parties’ intentions and obligations. Important Legal Concepts in Thai DivorceThai divorce law uses specific legal concepts for marital property, personal property and division of assets. These concepts are important for both divorce agreements and court proceedings. Thai Legal SourcesDivorce, termination of marriage, property division and support obligations are governed mainly by the Thai Civil and Commercial Code. Need a Divorce Agreement?For mutual consent divorce at the Amphur, a written agreement can help record property division, child support, alimony and other agreed terms. Frequently Asked QuestionsIs a court required for a consensual divorce in Thailand?No. If both spouses agree to divorce and agree on the terms, the divorce can generally be registered administratively at the Amphur without court proceedings. Court proceedings are normally required when the divorce is contested or when the spouses cannot agree on property, child custody or support. Is the divorce agreement still important if the Amphur only briefly reviews it?Yes. Although the Amphur process is administrative and relatively quick, the divorce agreement may remain legally important after registration. The agreement can contain detailed arrangements about property division, child support, alimony, debts and future obligations. Even if only essential terms are recorded, the signed agreement may still serve as evidence of the parties’ intentions. Is the divorce agreement attached to the Kor Ror 6 divorce registration?During a mutual consent divorce, the registrar reviews the divorce agreement and records or summarizes the essential agreed terms in the official divorce registration records, including Kor Ror 6. Practice may differ between Amphur offices. Some offices may retain a copy of the agreement as part of the registration file, while others may only record a summary or reference. Why did the Amphur refuse my copy of the marriage registration document?A photocopy or unofficial copy of a Thai marriage registration document may not always be accepted, especially for divorce registration, replacement documents or legalization procedures. Some Amphur offices may require the original document or additional evidence, such as a police report if the original has been lost. Do I need a translation for a Thai divorce registration?The Amphur divorce forms are in Thai and are completed and signed in Thai. If you do not read Thai, bring a reliable translator or Thai-speaking assistant. For use outside Thailand, the divorce certificate and related registration documents may need translation and legalization after issuance. Can foreigners register a divorce at any Amphur office in Thailand?In practice, many Amphur offices can register a mutual consent divorce, but procedures and document requirements may differ between offices, especially in cases involving foreigners, foreign-language documents or marriages registered abroad. It is advisable to contact the relevant Amphur in advance and confirm the required documents and procedures before attending. |