Under Thai law, a marriage can be terminated either by (1) the death of one of the spouses, (2) divorce, or (3) annulment by the court; in this case, the marriage is contestable.

A marriage can be dissolved amicably or through legal proceedings. In most cases, the divorce process is quite straightforward if both parties agree. Provided there are no disputes about the division of assets or alimony payments, the marriage can usually be dissolved without any problems. However, this does not mean that you shouldn't consult a lawyer for legal advice and support. Having someone by your side is particularly important during a divorce. This phase of life can be very emotional. Therefore, it is advisable to seek legal counsel to clarify the process.

Divorce means the dissolution of a marriage under Thai law. The Thai legal system recognizes two types of divorce:

Divorce by mutual agreement (by mutual consent)

If a husband and wife mutually agree to end their marriage under Thai law and register the divorce with the relevant municipality (Amphur) according to the conditions agreed upon by both parties regarding marital or joint property and child custody (if any), a divorce agreement can be helpful in reaching a settlement on these matters. As the name suggests, an uncontested divorce is generally easier to achieve. When a divorce is uncontested, or both parties agree to it, everything is simpler and usually less expensive. Neither party needs to state a reason for ending the marriage. It's quite straightforward. Filing for an uncontested divorce simply requires mutual consent.

The documents required by the Amphur are as follows:

  • If you are getting a divorce in the same district where the marriage was registered, you may need to prepare the following documents:
  • A house register book
  • If you are getting divorced in a different amhur, you may need to prepare the following documents:
  • A certified copy of the passport

    • Once the Amphur has issued a divorce certificate for the foreign spouse, it must be translated from Thai to English and legalized by the Ministry of Foreign Affairs before it can be registered at the embassy of the foreign spouse's country.

    Contested divorce (by court ruling)

    A contested divorce must be submitted to the court, as it usually involves a dispute. Most often, the spouses argue about assets or have differing views on child custody. If the spouses cannot agree on the divorce terms proposed by the other party, the other party can file a petition for divorce with the competent court, based on the grounds specified in Section 1516 of the Civil and Commercial Code.

    Section 1516. The grounds for divorce are as follows:

  • If one spouse has paid maintenance to another person, treated that person as wife or husband, committed adultery, or had regular sexual intercourse with that other person, the other spouse may apply for divorce.
  • A spouse is guilty of wrongdoing, regardless of whether that wrongdoing constitutes a crime or not, if it harms the other spouse:
  • to be insulted or hated, or to punish the continuation of the marriage with the spouse who committed the misconduct; or
  • to suffer excessive harm or inconvenience, taking into account the condition, status and cohabitation as husband and wife; the latter may file for divorce;
  • If one spouse has caused physical or mental harm to the other, or has seriously insulted him or his ancestors, the spouse may apply for divorce.
  • If one spouse has left the other for more than a year, the other spouse can apply for a divorce.
  • If one spouse has been sentenced by a final judgment of the court to more than one year of imprisonment for an offense committed without the involvement, consent or knowledge of the other, and is therefore imprisoned, and if living together as husband and wife would cause excessive harm or difficulty to the other spouse, the latter may apply for divorce;
  • If the spouses have been living separately for more than three years due to an inability to live together peacefully, or if they have been living separately for more than three years due to a court order, either spouse may file for divorce.
  • a spouse is considered missing or has left their residence or place of abode for more than three years, and it is uncertain whether he or she is alive or dead;
  • If one spouse has not adequately supported and maintained the other, or has committed acts that are so contrary to the marital relationship that the other spouse has suffered excessive difficulties, taking into account the condition, position and cohabitation as spouses, the spouse may apply for divorce.
  • If one spouse has been mentally ill for more than three years continuously and this mental illness is hardly curable, so that a continuation of the marriage is not to be expected, the other spouse can file for divorce;
  • If one spouse has violated an obligation to behave properly that he or she has entered into, the other spouse may apply for a divorce;
  • If one spouse suffers from a contagious and dangerous disease that is incurable and can harm the other spouse, the latter can apply for divorce.
  • If one spouse is permanently unable to live together as a married couple due to a physical impairment, the other spouse can file for divorce.

    • Filing for divorce

    There are three types of couples who can file for divorce in Thailand. These include the following:

  • Marriage between two people from Thailand;
  • Marriage between a Thai national and a foreign national; and
  • A marriage between people from two different countries, also called an intercultural marriage.

    • As you might expect, a divorce between two Thai nationals is straightforward, especially if it's uncontested. Regardless of your circumstances, you must file for divorce at the relevant district court once you both agree to the dissolution of your marriage.

    What you should do if the wedding took place outside Thailand

    You might be wondering what to do if the marriage took place abroad and one of you is from Thailand. In this case, first check whether the marriage was registered with the civil registry office in the district where your Thai spouse resides. If so, you can easily file for an uncontested divorce there.

    If the marriage was not registered in Thailand, you must register it with the relevant district office. A marriage certificate is required and must be written in Thai. Furthermore, the Thai translation of the marriage certificate must be certified by the Ministry of Foreign Affairs to confirm its authenticity.

    As you can see, it's important to familiarize yourself with the divorce process and its consequences. A lawyer can provide information about the necessary documents and the individual procedural steps. Divorce in Thailand involves several legal regulations that must be carefully reviewed before filing for divorce. Divorces in Thailand can occur for various reasons, so you should thoroughly research your situation before filing for divorce or annulment. Whether it's an uncontested divorce (a straightforward way to end a marriage) or a complicated and costly contested divorce, a lawyer's advice will help you reach a just and fair settlement.

    If you have any questions about divorce in Thailand, please feel free to contact us at Siam Legal.