There are two routes in Thailand: a divorce by consent at a district office (amphoe) or a contested divorce in Family Court. If the spouses agree on property, children and support, the divorce is usually registered in one day with two witnesses. A contested case takes about 6 to 12 months (ThaiLawOnline, 5 October 2026). Rules are stated as of 6 October 2026.
In short
- Thailand has two routes: a divorce by consent at a district office (amphoe) or a contested divorce in Family Court (ThaiLawOnline, 5 October 2026; as of 6 October 2026).
- A consent divorce is usually done in one day with a written agreement, two witnesses and both spouses present. A contested divorce takes about 6 to 12 months.
- Thai courts hear a divorce if one spouse is Thai, the marriage was registered in Thailand or the couple lived together here.
- Property acquired during the marriage (sin somros) is split equally unless a prenup says otherwise. Child support runs until the child is 20.
- Recognition abroad is decided at home. In the UK, a Thai court judgment and a registered consent divorce meet different tests (Family Law Act 1986 s. 46).
How do you divorce in Thailand: by consent or through court?
If both spouses agree on property, children and support, the divorce is registered at any district office, usually in one day. If they do not agree, one spouse files in Family Court, and the case takes about 6 to 12 months (ThaiLawOnline, 5 October 2026). Agreement between the spouses picks the route, not nationality.
| By consent | Through court | |
|---|---|---|
| Fits when | You agree on property, children and support | You do not agree, or cannot reach agreement |
| Where | Any district office, not necessarily where you married | Family Court |
| Time | Usually one day | About 6 to 12 months |
| What you need | Passports, marriage certificate, written agreement, two witnesses | A petition, s. 1516 grounds, evidence |
Divorce by consent at the district office: what to bring and how it works
Both spouses attend in person with passports, the original marriage certificate and a signed agreement, and they bring two witnesses with ID. ThaiLawOnline (5 October 2026) says the registration is usually completed in one day and that the office need not be the one where you married.
The agreement covers four things:
- who receives which assets: condo, lease, usufruct, accounts, company shares;
- where the child lives and how the other parent keeps contact;
- how much child support is paid and until what age;
- any payment between the spouses that you have agreed.
If you cannot attend together, the same source says you can register at different offices, and we agree the steps with the office beforehand. If you married abroad, the office may ask you to enter the marriage in the Thai family-status register first. For visa files Fragomen (25 March 2025) names the Kor Ror 22 form for that, and we find out in advance whether the office wants it for a divorce too. For spouses of different nationalities, a lawyer first checks that both national laws allow a divorce by consent, which ThaiLawOnline ties to the Conflict of Laws Act B.E. 2481.
A contested divorce: grounds, jurisdiction, timing and fees
A Thai court takes the case if one spouse is Thai, the marriage was registered in Thailand or the couple lived together here. Grounds come from s. 1516 of the Civil and Commercial Code: adultery, serious misconduct or abuse, desertion for over a year, agreed separation for over three years and others. Expect about 6 to 12 months.
Sources word the third jurisdiction test differently, as the couple living in Thailand or the defendant living here, so we check it case by case. ThaiLawOnline (6 October 2026) puts the court fee for a divorce petition with no claim for money or property at THB 200. If a spouse also claims a share of property or maintenance, 2% of that amount is added, capped at THB 200,000 (with 0.1% on any part above THB 50 million). The court states the exact fee when you file.
Property, children and support
Property acquired during the marriage (sin somros) is split equally unless a prenup says otherwise. What you owned before, gifts and inheritances stay with their owner. Child support is paid until the child is 20 (s. 1564), and the court or the agreement sets custody by the child's best interests (ThaiLawOnline, 5 October 2026).
A prenup and a divorce agreement can change these defaults. Support for a former spouse is available by statute only in a narrow case: the divorce is granted on the other spouse's fault alone, the claimant is left without means, and the claim is in the petition (s. 1526). Agreed support can be revisited if circumstances change (ThaiLawOnline, 5 October 2026).
Will your home country recognise a Thai divorce?
Your home country decides, and the UK draws a line between court judgments and divorces registered by agreement. A divorce by court proceedings abroad is recognised if it is effective where it was obtained and either spouse was habitually resident, domiciled or a national there (Family Law Act 1986 s. 46(1)). A divorce obtained otherwise than by proceedings needs more.
Under s. 46(2) each spouse must have been domiciled in that country, or one there and the other in a country that recognises the divorce, and neither can have been habitually resident in the UK throughout the year before (legislation.gov.uk, up to date to 7 October 2026). A Family Court judgment in Thailand is a divorce by proceedings. A registration at the district office is an administrative step, so whether it counts as a divorce by proceedings is a question for a UK family lawyer. We do not give UK advice.
Australia and the US apply their own tests, and the US decides at state level. Get advice at home before you rely on a Thai divorce for a new marriage, a mortgage or a visa.
To bring a divorce into Thailand, you need a certified decree, an official Thai translation, legalisation at the Thai embassy and registration at the local district office (ThaiLawOnline; see Apostille and document legalisation for Thailand). A divorce registered abroad without a court case may not be accepted, and a Thai Family Court may then have to review it. The Apostille Convention enters into force for Thailand on 28 February 2027, except with states that object (HCCH, 6 October 2026).
What we do and what to check yourself
- We decide the route, by consent or through court, and which law applies to your couple.
- We draft the agreement on property, children and support in Thai and English.
- We gather the documents and witnesses and handle the district office registration or the court case.
- We register a foreign divorce in Thailand, or prepare a Thai one for use at home.
- After the divorce we review your will, visa and bank accounts.
A lawyer licensed by the Lawyers Council of Thailand runs the case.
Check yourself:
- Whether you have a prenup and what it says about property.
- Which assets are in Thailand and in whose name.
- What your visa rests on.
- Who your two witnesses will be.
- What your will says: it is worth revisiting after a divorce, as in the case study Two wills without conflict and on Make a will in Thailand.
Describe your situation in the form below: the spouses' nationalities, where you married, whether there are children and whether you agree on property. We reply within 24 hours. The price and scope are on the service card.
