Thai divorce law is set out in Book V of the Civil and Commercial Code. You can divorce by mutual consent, registered at a district office, or by court judgment on a ground listed in section 1516. The Code then sets clear rules on property, children and maintenance.
What are the two ways to divorce under Thai law?
Section 1514 allows divorce either by agreement or by a court judgment. A consent divorce must be in writing with at least two witnesses, and under section 1515 it is complete only once registered.
| Question | Divorce by consent | Divorce by judgment |
|---|---|---|
| Who must agree? | Both spouses | One spouse can file alone |
| Is a legal ground needed? | No | Yes, under section 1516 |
| When does it take effect? (s. 1531) | On registration | When the judgment becomes final |
| Property divided as at (s. 1532) | The date of registration | The date the case was filed |
| Spousal maintenance (s. 1526) | Only if agreed | Possible if the other spouse is solely at fault |
For a practical comparison of the two routes for mixed-nationality couples, see Divorce in Thailand for Foreigners: Amphur or Court Divorce?
What are the grounds for divorce in section 1516?
A court can grant a divorce only on one of twelve statutory grounds, now written in gender-neutral language. In short:
- (1) Maintaining or honouring another person as a spouse, adultery, or habitual sexual relations with another person
- (2) Misconduct causing serious shame, contempt or excessive hardship to the other spouse
- (3) Serious physical or mental harm, or serious insult to the spouse or their ascendants
- (4) Wilful desertion for more than one year
- (4/1) A final prison sentence served for more than one year, where continuing the marriage causes excessive hardship
- (4/2) Living apart for more than three years, voluntarily or under a court order
- (5) Disappearance or absence for more than three years
- (6) Failure to give proper maintenance, or serious hostility to the marriage, causing excessive hardship
- (7) Unsound mind for more than three years, hard to cure
- (8) Breach of a written bond of good behaviour
- (9) A serious, incurable communicable disease that may harm the other spouse
- (10) A permanent physical condition preventing sexual relations
Timing matters. Under section 1529, the right to sue on grounds (1), (2), (3) and (6) ends one year after the claimant knew or should have known the facts. Section 1517 also bars some grounds where the claimant consented to or connived at the conduct.
For how these grounds are proved in court, see Contested Divorce in Thailand: Grounds and Court Process.
How is property divided on divorce?
Without a valid prenuptial agreement, Thai law separates personal property (sin suan tua) from marital property (sin somros). Personal property under section 1471 includes assets owned before marriage and inheritances or gifts received during it.
Marital property under section 1474 includes what the spouses acquire during the marriage and the income from personal property. Where it is unclear, the asset is presumed to be marital. On divorce, section 1533 gives each spouse an equal share, and section 1535 splits joint debts equally.
A prenuptial agreement can change this, but only if it meets the formalities in section 1466 at the time the marriage is registered.
What happens to the children?
In a consent divorce, section 1520 requires the parents to agree in writing who will exercise parental power over each child. If they cannot agree, or the divorce is by judgment, the court decides, giving primary weight to the child's welfare and interests.
Section 1522 requires the divorce agreement to state how much each parent will pay towards child support; otherwise the court fixes it. Under section 1564, both parents must support a child during minority. Our guide Child Custody in Thailand After Divorce covers the foreign-parent angle.
Can a spouse get maintenance or compensation?
Post-divorce maintenance is narrow in Thailand. Under section 1526, it is available in a court divorce only where the ground is the other spouse's fault alone and the divorce leaves the claimant without sufficient income. It must be claimed in the divorce case itself, and section 1528 ends it if the recipient remarries.
Compensation is a separate claim. Section 1523 lets the innocent spouse claim compensation where divorce is granted on the adultery ground, from both the spouse and the third party.
If you may need spousal maintenance, raise it in your complaint or counterclaim. Under section 1526, the right ends if it is not claimed in the divorce case.
What changed with the marriage-equality amendment?
The Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 was published on 24 September 2024 and took effect in January 2025, 120 days after publication. It rewrote most family provisions to refer to spouses or persons rather than husband and wife.
- Same-sex married couples divorce under the same rules and grounds as everyone else.
- The minimum marriage age is now 18 for both parties (section 1448), subject to court permission.
- The 310-day waiting rule in section 1453 remains, but only for a woman whose marriage to a man ended and who will marry a man, with exceptions.
- Contracts between spouses made during marriage can still be avoided while married or within one year after the marriage ends (section 1469).
For foreigners, one rule from outside the Code matters: section 27 of the Act on Conflict of Laws B.E. 2481 lets a Thai court grant a divorce only if the national laws of both spouses permit divorce.
Frequently asked questions
Does Thailand require a separation period before divorce?
Not for a consent divorce, which can be registered as soon as both spouses agree. In court, separation is only needed if you rely on that particular ground, which requires living apart for more than three years.
Is there no-fault divorce in Thailand?
A consent divorce works like a no-fault divorce because no reason has to be given. A court divorce, by contrast, always needs a ground from section 1516, although some grounds, such as long separation, do not depend on blame.
Do these rules apply if we married abroad?
A Thai court can hear the case if it has jurisdiction, and it applies Thai grounds. The amphur route generally needs a marriage registered under Thai law. If you married abroad, ask a lawyer which route fits.
Can a prenup decide custody of children?
No. A Thai prenup deals with property. Parental power and child support are decided at the time of divorce, by agreement or by the court, based on the child's interests.
Where should you start?
Identify which route is open to you, then list your children's needs, your assets and your debts. Those three lists shape almost every decision under the Code.
Because time limits and claims can be lost if they are not raised at the right moment, it is worth having a Thai family lawyer review your situation before you sign or file anything.
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