Thai Divorce Agreement (ข้อตกลงการหย่า): What It Is & How It Works
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A divorce agreement (ข้อตกลงการหย่า) is a legally binding written contract signed by both spouses at the time of divorce. It sets out how property, debts, child custody, and financial support will be handled, and must be submitted together with the divorce registration at the district office (Amphur).
Who Needs a Divorce Agreement in Thailand?
You need a divorce agreement (ข้อตกลงการหย่า) when both spouses mutually agree to divorce and want a fast, low-cost registration at the district office (Amphur). The agreement sets out property division, debts, parental power/custody, visitation, and financial support, and is presented together with the divorce registration.
| Scenario | Where it happens | Document that finalizes it | Enforcement | Typical use |
|---|---|---|---|---|
| Uncontested (amicable) divorce | Amphur (District Office) | Divorce Agreement + Divorce Registration | Enforced as a contract and part of the registered divorce. If a party fails to comply, you may seek a court order to enforce terms. | Both spouses agree on all terms and want a quick, low-cost process. |
| Contested divorce (or no full agreement) | Civil Court (may include court mediation) |
Court Judgment / Court Order (even settlements reached in court are finalized by order) |
Directly enforceable as a court order without a new lawsuit. | Disputes over grounds, property, custody, or support. |
Pros of an Amphur Divorce Agreement
- Fast and low cost when both spouses agree.
- Bilingual agreement can clarify complex property/support terms.
- Privacy—no court hearing or published judgment.
Considerations / Limitations
- Requires full agreement on all issues.
- If a party breaches, you may need to seek a court order to enforce specific terms.
- Not suitable where there are disputes on custody, assets, or grounds.
- Both spouses appear in person with IDs/passports and marriage certificate.
- Signed Divorce Agreement covering property, debts, parental power/custody, child support, spousal support (if any), and handover dates.
- Any supporting schedules (asset lists, payment timelines, parenting plan).
Bottom line: If you can agree on everything, a written divorce agreement lets you finalize the divorce at the Amphur quickly and inexpensively. If you cannot agree, or you want immediate, direct enforceability, then a court divorce (with or without mediation) ends in a court order that can be enforced without a new lawsuit.
While a prenuptial agreement (สัญญาก่อนสมรส) sets expectations for how property and responsibilities will be handled during and after marriage, a divorce agreement (ข้อตกลงการหย่า) puts those decisions into effect when the marriage ends, especially if no prenup exists or if updates are required.
A typical Thai divorce agreement may include:
- Division of common marital property (สินสมรส): jointly acquired assets, income, real estate, savings, and debts accumulated during marriage.
- Confirmation of personal property (สินส่วนตัว): assets owned before marriage or received individually (e.g., inheritance, personal gifts).
- Spousal support (alimony): whether one spouse will support the other after divorce.
- Child support: amount, method, and responsibility for financial care of children.
- Child custody and visitation: living arrangements, decision-making, and schedules.
- Division of liabilities: how debts and ongoing obligations will be handled.
In Thailand, such agreements are commonly used in uncontested divorces at the district office (Amphur / ที่ว่าการอำเภอ). To be enforceable, the agreement should be:
- In writing
- Signed by both spouses
- Witnessed (two persons)
- Submitted together with the formal divorce registration
Thai Divorce Agreements are governed by the Thai Civil and Commercial Code, particularly Sections 1513–1535. Section 1514 (มาตรา ๑๕๑๔) specifies that a divorce may occur either by mutual consent (written and registered at the Amphur) or by court judgment. A divorce agreement is typically used for the mutual-consent route and is filed together with the divorce registration.
Legal basis in the Civil & Commercial Code (CCC)
- section 1514: Divorce may be by mutual consent (written, two witnesses, and registered) or by court judgment.
- section 1515: A mutual-consent divorce is valid only upon registration by both spouses.
- section 1520: For a consent divorce, spouses must agree in writing who exercises parental power for each child; otherwise the court decides.
- section 1521: Court may later vary parental power/guardianship in the child’s best interests.
- section 1522: The consent-divorce agreement must state child maintenance (who pays and how much).
- section 1526: The no fault spouse can request court ordered spousal support in the divorce case itself. In an 'Amphur divorce' it only exists if the spouses agree and include it in the divorce agreement.
- section 1531: When divorce takes effect: on registration (mutual consent) or when the judgment is final (contested); registration affects third-party opposability.
- sections 1532–1534 : Property: reference date for liquidation; division of sin somros (marital property); treatment of waste/dissipation.
- section 1535: Joint debts at the end of marriage (creditors not bound by private allocation).
- section 1564: Parents’ duty to maintain their children (basis for child support).
- section 1566: Parental power generally rests jointly with father and mother unless otherwise ordered.
For contested cases, see also section 1525, –section 1526 on compensation/maintenance. Your agreement can mirror similar payments by consent.
Supreme Court guidance on divorce agreements
- Supreme Court Decision No. 2971-2544 (2001) (คำพิพากษาฎีกาที่ 2971-2544). If the agreement attached to the divorce registration does not clearly assign parental power, the default is joint parental power under section 1566. It also clarifies section 1522: if the agreement does not specify a child-support amount, the court may fix it later. (Draft explicitly to avoid later disputes.)
- Agreement = compromise contract (สัญญาประนีประนอมยอมความ), Thai courts treat a signed divorce agreement lodged with the registrar as a compromise/ settlement contract under section 850 and following sections. This can limit later claims inconsistent with the settled terms, another reason to define assets, support, and custody terms with precision.
Summary only. The Civil & Commercial Code controls; courts may vary child-related terms later in the child’s best interests (section1521).
Get Your Thai–English Divorce Agreement Template
Register at the Amphur with confidence using our lawyer-drafted Thai–English Divorce Agreement (DOCX).
จดทะเบียนหย่าที่อำเภอได้อย่างมั่นใจ ด้วย ข้อตกลงการหย่าแบบสองภาษา ไทย–อังกฤษ ที่ร่างโดยทนายความ
Download Divorce Agreement TemplateDesigned for registration at the district office (Amphur) in Thailand.
FAQs
- Do we need a lawyer to register a divorce agreement at the Amphur?
- Not legally required for an uncontested divorce, but legal review is recommended to ensure the agreement complies with Thai law and protects both parties.
- Can we include child custody and support?
- Yes, Thai district offices accept custody/visitation and child support terms when both parties agree. The best interests of the child remain paramount.
- Is alimony enforceable?
- Yes, if clearly stated. The Amphur will record it with the divorce registration; courts can enforce it later if needed.
- What is the difference between a mutual-consent divorce and a court divorce in Thailand?
- Under CCC Section 1514 (มาตรา ๑๕๑๔), a divorce can occur by mutual consent (written, witnessed, and registered at the Amphur) or by court judgment if one party contests. A divorce agreement is used for the mutual-consent route.