Foreigners can divorce in Thailand at a district office (amphur) if both spouses agree and the marriage was registered under Thai law, or at the Juvenile and Family Court if they cannot agree. In court, the foreign spouse's national law must also permit divorce.
Can foreigners get divorced in Thailand?
Yes. Under Section 1514 of the Thai Civil and Commercial Code, a marriage can end in divorce either by mutual consent or by a court judgment. Nationality does not prevent either route, and the same rules apply whether one or both spouses are foreign.
Thai family law was amended by the Civil and Commercial Code Amendment Act (No. 24) B.E. 2567, in force since January 2025. Most family provisions now refer to spouses rather than husband and wife, and they apply equally to same-sex couples.
Amphur divorce or court divorce: which one fits your situation?
The right route depends mainly on whether your spouse will cooperate and where your marriage was registered.
| Question | Amphur (administrative) divorce | Court divorce |
|---|---|---|
| Who must agree? | Both spouses, in a written divorce agreement | One spouse can file alone |
| Do you need a legal ground? | No | Yes, at least one ground in Section 1516 |
| Where? | A district office in Thailand, or a Thai embassy or consulate abroad | The Juvenile and Family Court with jurisdiction |
| When is the divorce effective? | On registration (Section 1531) | When the judgment becomes final, then it should be registered |
| Children and property | Settled in the divorce agreement | Settled by agreement in court or decided by the judge |
| Typical speed | Usually completed in one visit once documents are ready | Several months to well over a year |
What documents do foreigners need?
For an amphur divorce, both spouses normally attend in person with two witnesses. A typical checklist:
- Passport of the foreign spouse, and Thai ID card and house registration of the Thai spouse
- Original marriage certificate (Kor Ror 3), or a certified copy from the district office
- A written divorce agreement covering parental power over each child, child support, property, and the wife's title of address after divorce
- Two adult witnesses with identification
- An interpreter if the foreign spouse does not understand Thai; ask the district office in advance what it requires for foreign passports and interpreters
For a court divorce, your lawyer will usually need the marriage certificate, birth certificates of children, evidence supporting your ground for divorce, documents on property, and proof of the foreign spouse's national law. Foreign documents generally need a Thai translation and legalisation before a Thai court or office will accept them. Thailand joins the Apostille Convention on 28 February 2027; until then, the embassy and consular legalisation chain still applies.
Which law applies to a divorce between a Thai and a foreigner?
Thailand's Conflict of Laws Act B.E. 2481, Section 27, sets two rules for court divorces. First, a Thai court will grant a divorce only if the national laws of both spouses permit divorce. Second, the grounds for divorce are governed by the law of the place where the case is filed, which means Thai law for a case filed in Thailand.
In practice, foreign law is treated as a fact the court does not know by itself, so the spouse who files must prove that the foreign spouse's national law allows divorce, usually with a legal opinion or certified extracts of that law plus a translation. The Supreme Court has upheld the dismissal of a divorce claim where this proof was missing, even though the other spouse never raised the point. Do not treat it as a formality.
How long does a divorce in Thailand take, and what are the steps?
An amphur divorce is fast; a court divorce takes months or longer. Treat these as rough guides, not promises:
- Amphur divorce: usually a single visit once both spouses, the witnesses and all documents are ready.
- Uncontested court case or default judgment: often several months, longer if the summons must be served abroad through diplomatic channels.
- Contested court case: commonly a year or more, and longer again if either side appeals.
Step by step: how does a court divorce work?
- Assess your grounds and evidence with a lawyer, including proof of the foreign spouse's national law.
- File the claim at the competent Juvenile and Family Court. A Thai national or a spouse domiciled in Thailand can generally file in Thailand even if the other spouse lives abroad.
- Serve the summons. Service abroad goes through official channels and adds time.
- Attend mediation. Many cases settle here, with the terms recorded by the court.
- If there is no settlement, present witnesses and documents at trial.
- Receive the judgment. Either side may appeal within one month of the judgment being read.
- Once the judgment is final, register it at a district office so that it also protects you against third parties acting in good faith.
Frequently asked questions
Can we get an amphur divorce if we married abroad?
Usually not directly. The amphur procedure is designed for marriages registered under the Thai Civil and Commercial Code (Section 1515). If you married abroad, ask the district office first; many couples in that position use a court divorce in Thailand or a divorce in the country where they married.
Can I sign the amphur divorce through a power of attorney?
No. The Department of Provincial Administration requires each spouse to appear and sign the divorce register personally. If you live in different places, a divorce between two registry offices (one may be a Thai embassy) is possible. A court case, by contrast, can be run by your lawyer.
Do I have to be in Thailand for a court divorce?
Your lawyer can file and handle most steps. You may still need to give evidence, and the court decides how and when. Plan for at least one trip unless your lawyer confirms otherwise.
Will a Thai divorce be recognised in my home country?
Many countries recognise Thai divorces, but most require a translated and legalised divorce document, and some require registration with a local authority. Check your home country's rules before you choose a route.
What happens to children and property?
Parental power is agreed in writing in an amphur divorce or decided by the court (Section 1520). Marital property is divided equally on divorce (Section 1533), unless a valid prenuptial agreement says otherwise.
Where should you start?
Gather your marriage certificate, passports, children's birth certificates and a list of assets in Thailand and abroad. Then decide whether your spouse is likely to sign a divorce agreement. If yes, prepare that agreement carefully, because it governs children and property after the divorce. If not, or if you married abroad, speak with a family lawyer experienced in cross-border cases before you file, so the proof of foreign law and the service abroad are planned from the start.
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