Same-sex spouses divorce in Thailand exactly as other couples do. Since the marriage-equality amendment took effect in January 2025, the Civil and Commercial Code speaks of "spouses", so the same two routes, grounds, property rules and compensation rules apply.
Can same-sex couples divorce in Thailand?
Yes. The Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 replaced "husband and wife" with "spouses" across the family book, and district offices have registered same-sex marriages since 23 January 2025.
A marriage registered in Thailand ends only by death, divorce or a court order annulling it (section 1501). Under section 1514, divorce is either by mutual consent or by court judgment.
| Question | Divorce by consent | Divorce by court |
|---|---|---|
| Who must agree? | Both spouses | One spouse can file |
| Grounds needed? | No | Yes, under section 1516 |
| Formalities | Written agreement, two witnesses, registration (sections 1514, 1515) | Lawsuit at the Juvenile and Family Court |
| When it takes effect | On registration (section 1531) | When the judgment is final; register it to bind third parties |
What are the grounds for a same-sex divorce?
The same twelve grounds in section 1516, now written for either spouse. The most used are:
- (1) supporting or honouring another person as a spouse, adultery, or habitual sexual relations with another person
- (3) serious physical or mental cruelty, or serious insult to the spouse or their ascendants
- (4) deliberate desertion for more than one year
- (4/2) living apart voluntarily for more than three years because the marriage cannot continue normally
- (6) failing to give proper support, or serious hostility to the marriage, causing excessive hardship
The gender of the third person does not matter under ground (1). Grounds (1), (2), (3) and (6) must be used within one year of learning the facts (section 1529).
Do property, alimony and compensation rules apply the same way?
Yes. Marital property is divided equally under section 1533, unless a valid prenuptial agreement says otherwise.
A spouse made poorer by a divorce caused only by the other's fault can ask for alimony under section 1526, but only in the divorce case itself. A spouse can also claim compensation under section 1523 from a person who had an adulterous relationship with their spouse, whatever that person's gender.
Does the 310-day waiting period apply?
Rarely. As now worded, section 1453 applies only where a woman whose marriage to a man ended wants to marry a man again within 310 days, with exceptions such as a medical certificate showing she is not pregnant. Most same-sex spouses are not affected.
What if both of us are foreigners who married in Thailand?
You can divorce in Thailand, but foreign nationality adds a layer. Under section 26 of the Act on Conflict of Laws B.E. 2481, a consent divorce is valid if the national laws of both spouses allow it. Under section 27, a Thai court grants a divorce only if both national laws permit divorce, with Thai law deciding the grounds.
The marriage-equality amendment changed the Civil and Commercial Code, not the Conflict of Laws Act. How sections 26 and 27 apply where a home country does not recognise same-sex marriage has little settled guidance so far, so get advice before choosing a route.
Do not treat a Thai marriage as "not real" because your home country ignores it. Thai records show you as married until the marriage is ended, and Thai law does not let a married person marry again.
Will my home country recognise the Thai divorce?
That depends entirely on the law of your home country. A country that recognised your Thai marriage will usually look for a valid divorce; a country that never recognised the marriage may have no record to change.
Either way, keep certified copies of the divorce record or judgment, with translations and legalisation. See Thailand Divorce Certificate: What You Get and How to Use It.
- Obtain the divorce registration or the final judgment and certificate of finality.
- Have it translated and legalised for the country where you will use it.
- Ask that country's registry or embassy what it requires to update your status.
Frequently asked questions
Does it matter which spouse is the "husband" or "wife"?
No. The amended Code uses neutral terms for divorce, property and support, so neither spouse has a different position because of gender.
Can a same-sex spouse sue the other's lover?
Yes. Section 1523 lets a spouse claim compensation from a person who took liberties with their spouse in an adulterous way, or openly presented such a relationship, within the one-year limit.
What happens to our children?
Parental power depends on each partner's legal relationship with the child, for example as a birth or adoptive parent. Check this first, then put parental power and support into your agreement or ask the court.
Do we both need to be in Thailand to divorce here?
A consent divorce is registered at a district office, normally with both spouses signing before the registrar; representation by power of attorney is possible in some cases, so ask the office first. A court case can run through a lawyer, but serving a spouse who lives abroad adds months.
Is a same-sex court divorce faster or slower?
The procedure is the same. Time depends on whether the case is defended, whether a spouse lives abroad, and whether foreign law must be proved.
What should you do next?
Write down where you married, both nationalities and what you own in each country. Those facts decide which route is open and where a divorce will be recognised.
A Thai family lawyer can confirm the route, draft a divorce agreement that covers property and children, and plan recognition abroad. For the two routes in more detail, see Divorce in Thailand for Foreigners and Contested Divorce in Thailand.
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