Often, yes. A court in England and Wales can hear your divorce if one of the residence or domicile tests in section 5(2) of the Domicile and Matrimonial Proceedings Act 1973 is met, even if you married in Thailand. You then record the divorce in Thailand so Thai records are updated.
Can a UK court divorce a couple who married in Thailand?
Yes, if the marriage is legally recognised in the UK, has lasted more than a year, and has permanently broken down, as GOV.UK explains. A marriage properly registered at a Thai district office is normally recognised.
Jurisdiction is the key test. Under section 5(2), the court in England and Wales can act on the date of application if, for example:
- both of you are habitually resident in England and Wales;
- your wife, as respondent, is habitually resident there;
- you are habitually resident there and have lived there for at least one year before applying;
- you are domiciled and habitually resident there and have lived there for at least six months; or
- either of you is domiciled in England and Wales.
Scotland and Northern Ireland have their own divorce processes. This article covers England and Wales.
How does a divorce in England and Wales work?
England and Wales has no-fault divorce: you state that the marriage has permanently broken down. GOV.UK lists the fee as £628.
- Apply online or by post, with your marriage certificate and a certified translation if it is not in English.
- The court issues the application and it is served on your wife, including in Thailand.
- Wait 20 weeks from issue, then apply for the conditional order.
- Wait at least 43 days (six weeks and one day) after the conditional order, then apply for the final order.
- If you want a binding financial arrangement, apply for a financial order before the final order.
Apply for the final order within 12 months of the conditional order, or you will need to explain the delay to the court.
Should I divorce in England or in Thailand?
| Question | England and Wales | Thailand |
|---|---|---|
| Need a reason? | No, irretrievable breakdown is enough | No at the amphur; yes in court (s. 1516) |
| Can one spouse proceed alone? | Yes | Only through the court |
| Minimum timing | 20 weeks plus 43 days, at least | One visit at the amphur; months in court |
| Money and property | Financial order under English law | Equal split of marital property (s. 1533) |
| Thai land | Order cannot be registered directly in Thailand | Thai court can divide; foreigner usually gets money |
| Thai records | Must be recorded in Thailand afterwards | Registered in Thailand directly |
If you both agree and the marriage was registered under Thai law, an amphur divorce is usually the fastest route. Our guide Divorce in Thailand for Foreigners: Amphur or Court Divorce? explains it. If you plan to file in a Thai court, you must also prove that UK law permits divorce, because section 27 of the Thai Act on Conflict of Laws B.E. 2481 requires both spouses' national laws to allow it.
How do I record a UK divorce in Thailand?
A UK final order does not update Thai records by itself. The Thai spouse, or an authorised representative, applies to a district office to record the change of family status, often called a Kor Ror 22 entry.
- Obtain the final order (or decree absolute for older cases).
- Have it legalised by the FCDO Legalisation Office.
- Have it legalised by the Royal Thai Embassy in London.
- Translate it into Thai and have the translation certified by the Department of Consular Affairs in Bangkok.
- File at the district office with the Thai spouse's ID documents.
Thailand's accession to the Apostille Convention takes effect on 28 February 2027, which may shorten this chain. Check current requirements before you start.
Do not assume the UK and Thai records match. Until the divorce is recorded in Thailand, Thai authorities may still treat your former wife as married, which affects remarriage, land sales and inheritance there.
What happens to assets in Thailand?
An English court can consider assets in Thailand when making a financial order. Enforcing it there is another matter: Thai courts do not enforce foreign judgments directly, so a new Thai case is usually needed, with the English order as evidence.
Thai land cannot be transferred to a foreign husband in any event, so plan for a money settlement or a sale. English law also has a separate route, under Part III of the Matrimonial and Family Proceedings Act 1984, to apply for financial relief after an overseas divorce, but only with the court's permission on substantial grounds.
Frequently asked questions
Will the UK recognise a Thai divorce?
Under section 46 of the Family Law Act 1986, an overseas divorce obtained by proceedings is recognised if it is effective in Thailand and either spouse was habitually resident, domiciled or a national there. Stricter rules apply to divorces obtained other than by proceedings, so take UK advice before relying on an amphur divorce in the UK.
Can the Thai embassy in London register our divorce?
The Royal Thai Embassy in London offers marriage and divorce registration under Thai law. It notes that such a registration has no legal effect in the UK, although it is binding under Thai law.
My wife lives in Thailand. Can I still apply in England?
Possibly, if you meet a test such as one year's habitual residence in England and Wales or domicile there. The papers must then be served on her in Thailand.
What about our children in Thailand?
Arrangements for children living in Thailand are best agreed in a form that Thai authorities can act on. See Child Custody in Thailand After Divorce.
What should you do first?
Check which jurisdiction test you meet, where your assets are, and whether your wife will cooperate. Those three facts usually decide where to divorce.
Where property or children are in Thailand, it helps to take advice from a UK family solicitor and a Thai family lawyer together, so the divorce works in both countries.
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