A divorce in Thailand legally ends a marriage and may be granted either through the courts or administratively. Divorce may be pursued by court judgment based on one of the 12 legal grounds outlined in Section 1516 of the Thai Civil and Commercial Code. Alternatively, if both spouses mutually agree, the divorce can be registered at the local district office, known as the Amphur (or Amphoe). In Bangkok, these offices are referred to as Khet. Amphur offices handle marriage registrations and are also authorized to register divorces by mutual consent, without the need for court proceedings.

Note: In Thailand, an uncontested divorce (often called a mutual consent divorce) is the simplest and fastest way to legally end a marriage when both spouses agree.

Divorce in Thailand

Thai Civil and Commercial Code, Section 1501:
Marriage is terminated by death, divorce or being cancelled by the Court.

Divorce grounds under Thai law for a judgment of a court are as follows:

Grounds for Divorce under Thai Law

Section 1516 Thai Civil and Commercial Code
(Unofficial English translation)

One spouse has given maintenance to or honored another person as a wife or husband, committed adultery, or had regular sexual intercourse with such person.
One spouse is guilty of misconduct (whether criminal or not), causing the other:
- to be seriously ashamed,
- to be insulted or hated due to continuing the marriage,
- or to suffer excessive trouble or harm based on their shared condition as husband and wife.
One spouse has caused serious physical or mental harm to the other, or seriously insulted the other or their ascendants.
One spouse has deserted the other for more than one year.
One spouse has been imprisoned by final court judgment for more than one year (without the other’s participation or consent), and continued cohabitation would cause excessive hardship.
The spouses have lived separately:
- Voluntarily, for more than three years, or
- By court order, for more than three years.
One spouse has disappeared or abandoned their residence for more than three years, with their status (alive or dead) uncertain.
One spouse has failed to provide maintenance or has acted seriously against the relationship, causing severe hardship for the other.
One spouse has been legally declared insane for over three years, and it is unlikely to be cured, making continued marriage unreasonable.
One spouse has broken a court-ordered bond of good behavior.
One spouse suffers from an incurable communicable and dangerous disease that could harm the other.
One spouse has a permanent physical condition making marital cohabitation impossible.

Uncontested (Mutual Consent) Divorce in Thailand

The above grounds for divorce do not have to be proven in a divorce on mutual consent by the Amphur District Office.

Thai Civil and Commercial Code, Section 1514:
Divorce may be effected only by mutual consent or by judgment of the Court. Divorce effected by mutual consent must be made in writing and certified by the signatures of at least two witnesses.
Section 1515. Where marriage has been registered as provided by this Code, divorce by mutual consent is valid only if the registration thereof is effected by both the husband and wife.

A divorce before the Amphur in Thailand requires agreement to divorce between both spouses and agreement on the division of marital or jointly owned assets, custody of children and, if any, how much alimony will be paid. A prenuptial agreement could be helpful in negotiating a settlement as the prenuptial states the parties intentions in the event of a divorce at the time of marriage. The final terms of the divorce should be included in a divorce agreement.

Dissolution of the marriage (divorce) by a court

If no agreeable solution can be found on these matters between the parties, each party can file a petition (only on the grounds given in the Civil and Commercial Code) for the dissolution of the marriage by the court, and the court will decide for them according to Thai law and individual circumstances. If a prenuptial agreement has been made, the court will assess its validity and enforceability, not based on fairness, but on whether it complies with the legal requirements under Thai law. Any clauses that conflict with the statutory matrimonial property regime in the Civil and Commercial Code will be deemed unenforceable.

Section 1465 Civil and Commercial Code: 'Any clause in the prenuptial agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void' - read more...

Divorce by Mutual Consent in Thailand

If both parties agree on the terms of the divorce (mutual consent), the procedure at the local Amphur will be shorter, less expensive, and less time-consuming. Thai lawyer representation is not required, although a divorce settlement agreement can be prepared in advance, though this is not mandatory.

The spouses must agree on all relevant matters, such as the division of property, spousal maintenance, and child custody. Divorce certificate It is not required to file for divorce at the same Amphur where the marriage was originally registered. However, both husband and wife must be personally present when submitting the mutual divorce request at the Amphur.

A contested divorce that is, the dissolution of the marriage by a court judgment, will take significantly more time and money. It also involves multiple court appearances and requires representation by a Thai lawyer.

Uncontested Divorce Agreement in Thailand

In Thailand, an uncontested divorce must be documented in writing and signed by both spouses in the presence of at least two witnesses, as required under Section 1514 of the Civil and Commercial Code.

To be legally valid, the divorce must also be registered jointly by the husband and wife at the local district office (Amphur). This registration step finalizes the divorce process.

The divorce agreement can be short and straightforward. Some embassies provide standard bilingual templates. However, in more complex situations, it's recommended to have a custom agreement drafted or reviewed by a legal professional to ensure compliance with Thai law.