A Thailand divorce agreement must be in writing, signed by two witnesses and registered at a district office. To be enforceable in practice, it should state who has parental power over each child, the child support, and how property and debts are divided.
What makes a divorce agreement valid in Thailand?
Section 1514 of the Civil and Commercial Code requires a consent divorce to be in writing with at least two witnesses. Under section 1515, it is complete only once registered, and section 1531 makes the divorce effective from registration.
Signing at home is not enough. Until registration, you remain married, and property either spouse acquires may still be marital.
The registration route generally applies to marriages registered under Thai law. For the alternatives, see Divorce in Thailand for Foreigners: Amphur or Court Divorce?
What must the agreement cover?
Two points are required by the Code: who exercises parental power over each child (section 1520) and how much each parent pays towards child support (section 1522). If you leave them out, the court can decide them later.
| Topic | What to write | If you leave it out |
|---|---|---|
| Parental power | Each child by name and which parent exercises it | The court decides (s. 1520) |
| Child support | Amount, due date, method, currency, end date | The court fixes it (s. 1522) |
| Marital property | Each asset by title or account number, who takes it, when it is transferred | Property is still undivided; a later claim may be needed |
| Debts | Each loan or card, who pays it | Joint debts are shared equally (s. 1535) |
| Spousal allowance | Amount, duration and when it stops | No allowance in a consent divorce |
| Contact with children | Holidays, travel, video calls | Disputes later with no agreed baseline |
Property is divided as it stands on the registration date under section 1532. Spouses may agree a split other than equal halves, as long as both consent.
How should a bilingual agreement be drafted?
When one spouse does not read Thai, a side-by-side Thai and English text reduces later arguments that someone signed without understanding. State which language prevails if the versions differ.
- Use the same names and spellings as in passports and the Thai ID card.
- Write numbers as figures and words, and name the currency.
- Identify land by title deed number and condos by unit number.
- Avoid vague words such as "reasonable" or "to be discussed later".
- Use a competent interpreter at the district office and keep their details.
If the agreement will be used abroad, plan the certified translation and legalisation too. See Thailand Divorce Certificate: What You Get and How to Use It.
What happens if one side breaches the agreement?
A district-office divorce agreement is a binding contract, not a court judgment. If your former spouse stops paying or refuses to transfer an asset, you first sue on the agreement at the Juvenile and Family Court and then enforce the judgment.
A settlement made inside a court case is stronger. Under section 138 of the Civil Procedure Code, the court gives a judgment by compromise that can be enforced like any final judgment, and appeals against it are very limited.
Some terms stay open to review whatever you signed. Section 1521 lets the court change who exercises parental power if that parent behaves improperly or circumstances change, and section 1598/39 lets the court vary child support.
Do the follow-up transfers straight after registration. A promise to transfer land or a car protects you less than a completed transfer at the Land Office or the vehicle registry.
Step by step: from draft to registration
- List all children, assets and debts, with documents.
- Agree each topic in the table above and record the numbers.
- Prepare the bilingual draft and have it reviewed.
- Confirm the district office's requirements for a foreign spouse, witnesses and an interpreter.
- Attend together with two witnesses, sign and register the divorce.
- Complete transfers of land, vehicles and accounts promptly.
- Keep certified copies of the divorce registration and agreement.
Frequently asked questions
Can we agree to divide the property later?
Yes, but undivided marital property remains a loose end that can lead to a later lawsuit. Dividing it in the agreement is usually safer.
Can the agreement say no child support will be paid?
That is risky. Under section 1598/41, a child's right to maintenance cannot be waived, so such a clause may not prevent a later claim for the child.
Does the agreement bind our bank?
No. It binds the spouses only. To change who is liable on a loan, the lender must agree.
Can we change the agreement after registration?
You can sign a new written agreement on property or payments, but it cannot undo the registered divorce. The court can also change parental power or child support later under sections 1521 and 1598/39 when circumstances change, whatever the original agreement said.
Can a lawyer register the divorce for me?
Registration rules on attendance and representation are set by the registry, so ask the district office or the Thai embassy in advance what it will accept in your situation.
What should you do first?
Write out your proposed terms using the table above, then compare them with your spouse's. Disagreements on paper are cheaper to solve than disputes after registration.
Before you sign, have a Thai family lawyer check that each clause is clear, enforceable and consistent with the Code, particularly where land, children or assets abroad are involved. If agreement fails, custody issues are explained in Child Custody in Thailand After Divorce.
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