Getting Divorced in Thailand

If you are thinking about getting a divorce in Thailand, you should read this information from TFL on getting divorced in Thailand. If you have not yet read our information on getting married in Thailand and making a prenuptial agreement in Thailand, you may want to first read these information pages. As you probably know by now, many couples do get divorced in Thailand. Sometimes it is a matter of the cultures being too different, or it could be one single event that caused you to lose trust in your spouse. Regardless, it is critical to have accurate information about getting divorced in Thailand so you can make the right decisions. For ease of reading, we have formatted this information page as a question and answer or FAQ page. If you still have questions after reviewing this information, please contact TFL here.

Can I Get Divorced in Thailand?

If you registered your marriage in Thailand, you can get divorced in Thailand. If you did not register your marriage in Thailand, you still may be able to get a divorce in Thailand if you meet certain criteria.

If We Got Married Outside Thailand, Can We Get a Divorce in Thailand?

Yes, it may be possible to get a divorce in Thailand if you meet certain criteria such as living here, having children habitually resident here, having property here, or other reasons.

How Many Types of Divorce Are There in Thailand?

There are two (2) main types of divorce in Thailand. The 1st type of divorce in Thailand is the “uncontested divorce” which means that both sides agree to get divorced, and both side agree to the terms of the divorce. The 2nd type of divorce in Thailand is the “contested divorce” which means that both sides do not agree on the terms of the divorce. The contested divorce can also be referred to as suing for divorce since it requires going to the court instead of the district office.

Where Can I Get an Uncontested Divorce?

You and your spouse can register your uncontested divorce at the local district office, also known as the amphur.

Do I Need A Family Lawyer for an Uncontested Divorce?

Yes, you should have a family lawyer like TFL with you when you register your divorce. Why? Firstly, there are several documents that need to be prepared before you, as a foreigner, can register your divorce at the district office. There is nothing more frustrating to an angry Thai spouse than turning up at the local district office without the proper documentation. Thus, it is always best to get legal advice on what documents you need for your divorce in Thailand. Secondly, the divorce form is in Thai language, and also has clauses for claims against the other spouse for property, child support, or other financial obligations. Do you really think your Thai (soon to be ex-) spouse will make this in your best interest? Many foreigners make the mistake of leaving themselves open to future legal action.

If I Get an Uncontested Divorce in Thailand, Is Everything Over?

As we wrote in the answer above, there are paragraphs in the divorce document at the district office that refer to child support, financial support for the wife, and future liability for payments to your ex-wife or ex-husband. Thus, if you do not have a Thai family lawyer with you when you sign your divorce document at the district office, you could be setting yourself up to get sued later, which could require you to financially support your ex-wife.

Who Must Come with Me to Register An Uncontested Divorce?

Your spouse must attend with you, as well as two witnesses (typically Thai citizens) who have some status and standing in Thai society. Whilst some people report being able to pay district office staff to be witnesses, this is not the case at every district office, and it could also not be in your favour if any dispute arises later.

Can I Sue for Divorce in Thailand?

Yes, you will need to engage a Thai family lawyer like Thailand Family Law Partners (TFL) to sue for divorce on your behalf.

My Wife Will Not Agree to a Divorce in Thailand. What Do I Do?

If your Thai wife will not agree to get divorced, then you will need to engage a Thai family lawyer like TFL to sue for divorce.

Do I Need a Reason to Sue for Divorce in Thailand?

Yes, the relevant Thai laws specify that you must choose a valid reason to sue for divorce in Thailand.

What Are the Grounds for Divorce in Thailand?

The grounds for getting a divorce in Thailand (contested) are as follows:

One spouse cheats on the other spouse.
One spouse does something that causes the other spouse to lose face or experience shame or some sort of injury. This does not mean that your Thai wife yelled at you at the market. However, it could refer to severe and systematic behaviour from one spouse towards the other.
One spouse attacks the other spouse physically or mentally. Attacks on immediate family can also be cause for divorce.
One spouse left the other spouse for at least 1 year. TFL commonly uses this reason for suing for divorce.
One spouse was convicted by a Thai court of a crime and was sentenced to at least 1 year in prison. The other spouse has to be innocent of the crime.
You and your spouse have not lived together for at least 3 years.
Your spouse disappeared, and you cannot find your spouse. A missing persons report and other evidence would be needed to use this reason.
There is no financial supporting the marriage, causing a serious rift. This does not mean that you refuse to buy a new Gucci bag every month, but could be used against you if you refuse to pay for anything that a husband would normally pay for.
One spouse has experience mental illness for at least 3 years.
One spouse is acting in such a disgusting and shameful manner, that the other spouse cannot be reasonably expected to remain with the other spouse.
One spouse has a serious disease that could cause severe problems in the relationship. This could be HIV, AIDS, Hepatitis C, other other similar disease.
One spouse is severely disabled, causing severe hardship on the other spouse.

What If I Want to Get Divorced but Do Not See a Valid Reason Above?

Contact TFL to discuss your situation. We have over 30 years of experience suing for divorce in Thailand, and we may be able to help build a case for divorce even if it appears that one of the above grounds for divorce does not apply to you.

What Is the Family Court Process Like?

After we gather evidence for the case, we will write and file the indictment against your spouse. Then, we must provide legal service to your spouse through proper legal channels. Simply sending your wife a text message is not proper, so we will need to utilise registered mail and other official means to serve notice to your wife. In court, the judges will try to have both sides agree to stay together or to agree to the terms of the divorce. However, if this is not possible, then you will need an experienced Thai family lawyer like TFL to argue your case to the judge.

What Happens to My Children in a Thai Divorce?

Child custody is an important issue to consider when getting divorced in Thailand. TFL has written an information page on child custody in Thailand, which you can find here.

What Happens to My Property in a Thai Divorce?

This is another critical element of a Thai divorce. We will need to review all property that the court could consider joint property. If you paid for land, a house, cars, and other large assets, we need to review financial records in order to get this back for you.

Can I Recover Property in My Thai Wife’s Name?

Yes, even if property is in the name of your Thai wife, an experienced family lawyer like TFL can get back your property.

What Else Do I Need to Know about Getting Divorced in Thailand?

Divorce is never easy. However, losing all of your hard-earned money or your children can make a tough situation disastrous. Do not waste your time with a lawyer who does not understand you as a foreigner or a lawyer who think the Thai spouse should just get everything. TFL has over 30 years of experience fighting for the rights of foreigners who are married to Thai citizens. We can successfully advise you on the best way forward. Please contact TFL now if you have any questions about the divorce process in Thailand.