You apply to the Federal Circuit and Family Court of Australia once you have been separated for at least 12 months and you or your wife meet the citizenship, domicile or residence test. A marriage in Thailand is no obstacle. Afterwards, record the divorce in Thailand so Thai records are updated.
Can I get an Australian divorce if we married in Thailand?
Yes. Australian courts accept applications where the marriage took place overseas. At least one of you must:
- be an Australian citizen;
- live in Australia and regard it as your permanent home; or
- ordinarily live in Australia and have done so for the 12 months before filing.
The test is about you or your wife, not about where you married. A Thai wife who has moved back to Thailand does not stop an Australian husband from applying.
What does the 12-month separation rule mean?
You must have been separated for at least 12 months before you file. Getting back together once for up to three months does not restart the count, but the time together is not counted.
Separation can sometimes happen under one roof, but you then need extra evidence. Since 10 June 2025, couples married for less than two years no longer need to file a counselling certificate, although the 12-month separation rule still applies.
How do you apply, step by step?
- Check the eligibility and separation dates above.
- Get your marriage certificate; if it is in Thai, have it translated by a qualified translator and complete the court's translation paperwork.
- File the application online through the court's portal, as a sole or joint applicant, and pay the fee or ask for a reduction.
- For a sole application, serve the papers on your wife, including in Thailand, following the court's rules for overseas service.
- Attend the hearing if the court requires it.
- The divorce order takes effect one month and one day after it is made.
- File any property or spousal maintenance claim within 12 months after the divorce becomes final.
Check the current fee and forms on the court's website before filing, because they change.
The 12-month clock for property claims starts when the divorce becomes final. If you have assets in Thailand, start the property discussion before or alongside the divorce, not after.
Divorce in Australia or in Thailand?
| Question | Australia (FCFCOA) | Thailand |
|---|---|---|
| Waiting period | 12 months' separation | None at the amphur; court needs a ground |
| Need a reason? | No, irretrievable breakdown | No at the amphur; yes in court (s. 1516) |
| Property | Separate property proceedings, within 12 months of divorce | 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 | Updated directly |
If you both agree and the marriage was registered under Thai law, an amphur divorce can be faster. See Divorce in Thailand for Foreigners: Amphur or Court Divorce? A Thai court case requires proof that Australian law permits divorce, under section 27 of the Act on Conflict of Laws B.E. 2481.
How do I record an Australian divorce in Thailand?
The Thai spouse, or a representative, asks a district office to record the divorce in the Thai family register, often called a Kor Ror 22 entry. The documents must first be certified in a set order.
- Obtain the divorce order or certificate from the court.
- Have it authenticated by the Department of Foreign Affairs and Trade (DFAT).
- Have it legalised by the Royal Thai Embassy in Canberra or a Thai consulate, which currently does not accept an apostille alone.
- Translate it into Thai and have the translation certified by the Department of Consular Affairs in Bangkok.
- Lodge it at the district office with the Thai spouse's ID documents.
Thailand joins the Apostille Convention with effect from 28 February 2027, so this chain may change. For using Thai documents abroad, see Thailand Divorce Certificate: What You Get and How to Use It.
What happens to property in Thailand?
Australian property proceedings can take overseas assets into account, but an Australian order cannot be registered at a Thai Land Office. Thai courts do not enforce foreign judgments directly, so enforcement in Thailand usually needs a new Thai case.
Thai land cannot be transferred to a foreign husband either way. A negotiated outcome, such as your wife paying out your share or a sale with the proceeds split, is usually more practical.
Frequently asked questions
Does my Thai wife have to agree?
No. You can apply alone if you meet the requirements, provided she is properly served. A joint application avoids the service step.
Do we need counselling if married under two years?
Not since 10 June 2025. The court removed the counselling certificate requirement for applications from that date.
Will Thailand accept an Australian divorce?
Thai registry practice allows a divorce validly obtained abroad to be recorded once the documents are certified and translated. The office may ask for more documents, so check first.
What about children living in Thailand?
Parenting arrangements are separate from the divorce order. If a child lives in Thailand, aim for arrangements Thai authorities can act on; see Child Custody in Thailand After Divorce.
What should you do first?
Confirm your separation date and eligibility, gather the Thai marriage certificate and a translation, and list any assets in Thailand. Those steps cover most delays.
If property or children are in Thailand, combine advice from an Australian family lawyer with a Thai family lawyer, so the divorce and the Thai records line up.
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