Divorce and Child Custody in Thailand: Foreigner's Guide

Overview of Divorce in Thailand

Divorce in Thailand is governed by the Civil and Commercial Code (CCC), Book V on Family Law. For foreigners married in Thailand or to Thai nationals, understanding the legal framework is essential before initiating divorce proceedings.

Thai law recognizes two primary methods of divorce: administrative divorce (uncontested) and judicial divorce (contested). The method you pursue depends on whether both parties agree to end the marriage and can reach consensus on property division, child custody, and support obligations.

                Key Distinction: Thai divorce law applies when the marriage was registered in Thailand or when both parties are domiciled in Thailand. If you married abroad and both spouses live outside Thailand, your home country's divorce laws may apply instead.
            

Jurisdiction Considerations for Foreigners

When one spouse is a foreigner, jurisdiction becomes important. Thai courts have jurisdiction over divorce cases when:

The marriage was registered in Thailand
Either spouse is domiciled in Thailand
Both parties consent to Thai court jurisdiction
The defendant spouse resides in Thailand

If you married your Thai spouse in Thailand and obtained a Thai marriage certificate, Thai divorce procedures will typically apply regardless of where you currently reside.

Grounds for Divorce Under the CCC

The Civil and Commercial Code Section 1516 establishes specific grounds upon which a spouse may petition for divorce. Unlike some Western jurisdictions with "no-fault" divorce, Thailand requires proving one or more statutory grounds for judicial divorce.

1. Maintenance of Another Person as Spouse (Section 1516(1))

If your spouse maintains or honors another person as their spouse, or is maintained or honored by another person as their spouse, this constitutes grounds for divorce. This covers both the supporting and receiving spouse in an adulterous relationship.

2. Marital Misconduct (Section 1516(2))

Misconduct whether criminal or not, if it constitutes a serious violation of marriage obligations, gross insult, or malicious desertion. This includes behavior that fundamentally breaches the marital relationship.

3. Serious Physical or Mental Harm (Section 1516(3))

Causing serious harm or torture to the body or mind of the other spouse, or grossly insulting the spouse or their ancestors. Domestic violence falls under this category.

4. Desertion for One Year (Section 1516(4))

Deserting the other spouse for more than one year. The desertion must be willful and without reasonable cause.

5. Imprisonment Exceeding One Year (Section 1516(5))

Being sentenced to imprisonment for more than one year for an offense committed without the consent or connivance of the other spouse, where continued cohabitation would cause the other spouse excessive hardship.

6. Voluntary Separation for Three Years (Section 1516(6))

Living separately by mutual consent for more than three years. Both parties must have agreed to the separation initially.

7. Incurable Insanity for Three Years (Section 1516(7))

Being adjudged incurably insane for more than three years, where continued cohabitation would cause excessive hardship.

8. Breach of Good Behavior Bond (Section 1516(8))

Breaking a bond of good behavior entered into by the other spouse.

9. Incurable Communicable Disease (Section 1516(9))

Being affected by an incurable, dangerous, communicable disease which may be transmitted to the other spouse.

10. Physical Incapacity for Marital Relations (Section 1516(10))

Having a physical condition that permanently prevents the parties from cohabiting as husband and wife.

Contested vs. Uncontested Divorce

The path you take depends entirely on whether both spouses agree to divorce and can settle all matters between themselves.

Uncontested (Administrative) Divorce

Where: District Office (Amphur)
Timeline: Same day if all documents ready
Cost: Minimal administrative fees
Requirements: Both parties present, mutual consent
Grounds needed: No - mutual consent suffices
Best for: Amicable separations with agreed terms

Contested (Judicial) Divorce

Where: Family Court
Timeline: 6 months to 2+ years
Cost: Significant legal fees
Requirements: Prove statutory grounds
Grounds needed: Yes - must prove CCC Section 1516 grounds
Best for: Disputes over custody, property, or when spouse refuses

Administrative Divorce Process

If both parties agree, administrative divorce at the District Office is straightforward:

1

Prepare Agreement

Draft a divorce agreement covering property division, child custody (if applicable), and any alimony or child support. Have this reviewed by an attorney if significant assets are involved.

2

Gather Documents

Original marriage certificate, passport and ID cards for both parties, house registration (if applicable), and any supporting documents for agreements reached.

3

Visit District Office Together

Both spouses must appear in person at the District Office where the marriage was registered. Two witnesses are required.

4

Register the Divorce

Sign the divorce register, submit documents, and receive the divorce certificate. The divorce is effective immediately upon registration.

Judicial Divorce Process

When mutual consent is impossible, you must petition the Family Court:

File petition: Submit a divorce petition citing specific grounds under CCC Section 1516
Serve defendant: The court serves notice to your spouse
Mediation attempt: Thai courts typically attempt reconciliation
Evidence presentation: Both parties present evidence supporting their positions
Court judgment: The judge rules on divorce, property, custody, and support
Registration: If granted, register the court order at the District Office

Child Custody and Parental Power

Thailand uses the term "parental power" (amnat pokhrong) rather than "custody." When parents divorce, the question of who exercises parental power over minor children becomes critical.

During Marriage

Under CCC Section 1566, both parents jointly exercise parental power during marriage. This includes decisions about education, healthcare, religious upbringing, and residence.

After Divorce

Upon divorce, parental power must be determined either by agreement or court order. Options include:

Sole Parental Power: One parent has full authority over the child
Joint Parental Power: Both parents share authority (less common in Thailand)
Split Parental Power: For multiple children, different parents may have power over different children

Best Interests Standard

Thai courts apply the "best interests of the child" standard when determining parental power. Factors considered include:

The child's age and gender
Each parent's ability to provide care
The child's existing relationship with each parent
Each parent's moral character and lifestyle
Economic circumstances of each parent
The child's own wishes (if old enough to express them)
Stability and continuity of care

                Traditional Tendencies: Thai courts have historically favored mothers for young children, though this is not an absolute rule. Fathers can and do receive parental power, especially when they demonstrate primary caregiving or the mother has issues affecting her ability to parent.
            

Visitation Rights

The parent without parental power typically receives visitation rights. These should be clearly specified in the divorce agreement or court order, including:

Regular visitation schedule (weekends, holidays)
Extended visits during school breaks
Communication rights (phone, video calls)
Travel permissions

Child Support

Both parents have a legal obligation to support their children regardless of who has parental power. Child support amounts are determined based on:

Each parent's income and financial situation
The child's needs (education, healthcare, daily living)
The standard of living the child enjoyed during the marriage

International Child Abduction Concerns

For international couples, the risk of one parent taking children across borders without consent is a serious concern. Understanding Thailand's legal position is crucial.

Critical Warning: Thailand is NOT a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. This significantly limits legal remedies if a child is taken to or from Thailand without consent.

Thailand's Hague Convention Status

As of 2025, Thailand has not ratified the Hague Convention on International Child Abduction. This means:

No automatic mechanism exists for returning abducted children to their habitual residence
Parents cannot use Hague Convention procedures to compel return
Recovery depends on Thai domestic law and court proceedings
The process is slower and more uncertain than in Convention countries

Preventive Measures

If you are concerned about potential abduction, consider these protective steps:

Court orders: Obtain explicit court orders prohibiting removal of children from Thailand
Passport control: Request the court order children's passports be held by the court or a neutral party
Immigration alerts: Work with immigration authorities to flag potential unauthorized departures
Detailed custody agreement: Ensure your agreement specifically addresses international travel
Embassy registration: Register your children with your home country's embassy

If Abduction Occurs

If your child is taken from Thailand without consent:

File an immediate police report in Thailand
Obtain emergency court orders
Contact your home country's embassy
Engage an attorney in the destination country
Work with international family law specialists

If your child is brought to Thailand without consent from a Hague Convention country, you may seek assistance through the Thai Central Authority (Department of Juvenile Observation and Protection), though Thailand's non-member status limits available remedies.

Property Division in Divorce

Thai law distinguishes between personal property (Sin Suan Tua) and marital property (Sin Somros) when dividing assets upon divorce.

Personal Property (Sin Suan Tua)

Property that remains individually owned includes:

Property owned before the marriage
Property received as a gift or inheritance during marriage
Personal effects appropriate to one's station in life
Tools of trade or profession

Marital Property (Sin Somros)

Property that is divided equally upon divorce includes:

All property acquired during the marriage
Income earned by either spouse during marriage
Property acquired jointly during marriage
Interest accrued on personal property during marriage (in some interpretations)

                Equal Division Principle: Under CCC Section 1533, marital property is divided equally between spouses unless a prenuptial agreement specifies otherwise.
            

Foreigner Property Considerations

Remember that foreigners cannot own land in Thailand. If marital property includes land purchased during the marriage:

Land titled in the Thai spouse's name remains their property
The foreign spouse may claim compensation for their contribution
Courts may consider the source of funds when dividing assets
A prenuptial agreement can help protect contributions made to land purchases

Impact on Marriage Visa Status

Divorce directly affects your legal basis to remain in Thailand if you hold a marriage visa extension.

Loss of Visa Basis

Your marriage visa extension is based on your marriage to a Thai national. Upon divorce:

You lose the legal basis for your current visa extension
You may need to convert to another visa category
Options include retirement visa (if over 50), work visa (if employed), or other Non-Immigrant categories
You may need to leave Thailand and apply for a new visa from abroad

Important: Do not assume you can remain in Thailand on your current visa after divorce. Contact Thai Immigration promptly to understand your options and avoid overstay penalties.

If You Have Thai Children

If you have children who are Thai nationals, you may be eligible for a visa extension as a guardian of a Thai child. This is a separate category from the marriage visa with different requirements.

Frequently Asked Questions

Can I get divorced in Thailand if we married in another country?

Possibly, if either spouse is domiciled in Thailand or both consent to Thai jurisdiction. However, you may need to divorce under the laws of the country where you married, depending on your specific circumstances.

How long does a contested divorce take?

Contested divorces typically take 6 months to 2 years or more, depending on complexity, court scheduling, and whether appeals are filed.

Can my Thai spouse take the children overseas without my consent?

If you have parental power or shared custody, your consent should be required. However, enforcement can be difficult. Seek preventive court orders if this is a concern.

What if my spouse refuses to divorce?

You must pursue judicial divorce and prove one of the statutory grounds under CCC Section 1516. The court can grant divorce over your spouse's objection if grounds are proven.

Do prenuptial agreements affect divorce proceedings?

Yes, valid prenuptial agreements registered at the District Office can determine property division. Courts generally respect these agreements unless they are unconscionable or improperly executed.