A marriage registered in Thailand can end in two ways: by mutual consent, registered free of charge at any district office or Thai embassy, or by a court judgment when one spouse does not agree. Property acquired during the marriage is then usually split equally, and a prenuptial agreement only counts if it was registered on the day you married.
Thai divorce law is in Book V of the Civil and Commercial Code. The district-office route is quick and cheap when both of you agree on everything, including property and children; the court route is for when you do not. This page explains both, what happens to property and children, and what to check about your visa and recognition at home. It is general information, not legal advice; for your own case, see our guide to finding and checking a lawyer in Thailand.
Divorce in Thailand: the essentials (October 2026)
- Legal basis
- Civil and Commercial Code, sections 1514-1535
- Two routes
- Mutual consent (registered at a district office) or court judgment
- Where to register
- Any amphoe or Bangkok khet office, or a Thai embassy or consulate; not tied to where you live
- You need
- Passport, written divorce agreement, marriage certificate, two witnesses; certified translations of foreign-language documents
- Fee
- None for registration; copies 10 baht each
- Certificate
- Divorce certificate (Kor Ror 7), one for each spouse
- Property
- Marital property (sin somros) split equally; personal property (sin suan tua) stays with its owner
Two routes: by agreement or by the court
Section 1514 of the Civil and Commercial Code allows divorce in only two ways: by mutual consent, or by judgment of a court. A mutual-consent divorce must be in writing and certified by at least two witnesses, and where the marriage was registered, which every legal Thai marriage is, it takes effect only when both spouses register it (section 1515). A court divorce takes effect on the day the judgment becomes final, although it does not affect third parties acting in good faith until it is registered (section 1531).
Most foreigners who divorce in Thailand use the first route. It costs nothing at the district office, and it is straightforward if both spouses agree and the paperwork is ready. A ceremony without registration was never a legal marriage, so there is nothing to divorce; our page on marrying a Thai citizen explains the difference and the documents for a later remarriage.
Divorce by mutual consent at the district office
The Department of Provincial Administration's registration guide sets out the procedure. You can register at any district (amphoe) office, any Bangkok district (khet) office, or a Thai embassy or consulate, wherever you live. Bring:
- the Thai spouse's ID card (or the ThaiD app) and the foreign spouse's passport or alien registration book;
- the written divorce agreement;
- proof of the marriage registration;
- two witnesses;
- certified Thai translations of any foreign-language documents.
The registrar checks the documents, enters the divorce in the register and, if you both want, records your agreement on property, custody of children or other matters in the register's notes field. You and the witnesses sign, and each spouse receives a divorce certificate (Kor Ror 7). Registration is free; certified copies cost 10 baht each.
Office staff work in Thai. If your Thai is not good enough to follow the agreement and the questions, bring a translator you trust and ask the office beforehand what it expects; the agreement you sign is the document that counts. Our page on government office hours explains lunch breaks and queue-ticket cut-offs.
You do not both have to be at the same office. One spouse can file at one district office or Thai embassy and the other can sign later at a second office, in Thailand or abroad. The divorce takes effect only when the second office registers it, and the file is returned if the second spouse does not come within 60 days of being notified.
Divorce through the court
If one spouse refuses, the other must go to court and prove a ground for divorce under section 1516. The grounds include adultery or maintaining another person as a spouse; serious misconduct; serious harm, torture or insult; desertion for more than one year; imprisonment for more than one year; living apart for more than three years because you cannot live together peacefully, or by court order; disappearance for more than three years; failure to provide maintenance; insanity lasting more than three years; breach of a bond of good behavior; an incurable dangerous communicable disease; and a permanent physical inability to cohabit.
When the judgment becomes final, it is registered at a district office on presentation of the judgment and a certificate that it is final. We could not verify court fees or how long a contested divorce usually takes; both depend on the case and the court, and a lawyer can estimate them for yours. If you live abroad, ask the lawyer how the court will serve papers on you and whether you need to attend.
Marital property and personal property
Thai law sorts a married couple's assets into two kinds. Personal property (sin suan tua, section 1471) is what each spouse owned before the marriage, items for personal use and tools of a trade, property received during the marriage by will or as a gift, and the engagement gift (khong man); our page on sin sod and the engagement gift explains that custom. Marital property (sin somros, section 1474) is what was acquired during the marriage, gifts or bequests made expressly to marital property, and the income from personal property, such as rent from a condo one spouse owned before. Where it is unclear, property is presumed to be marital.
On divorce, the property is valued as it stood on the day the divorce was registered (by consent) or the day the court case was filed. Marital property is divided equally (section 1533), and common debts are shared equally (section 1535). A common misunderstanding is that "everything is split 50/50": personal property stays with its owner, even though its income during the marriage was marital.
Land is the hard case for a foreign spouse, because foreigners cannot own land in their own name. How money a foreign spouse put into a house on land registered to the Thai spouse is treated on divorce depends on the facts and the paperwork; our guide to buying a house as a foreigner covers leases, usufruct and superficies, and a lawyer has to assess your own case.
Prenuptial agreements: the rules are strict
A Thai prenuptial agreement can set different rules for the couple's property, but the Code is strict about form and content:
- Form (section 1466): it is void unless made in writing, signed by both spouses and at least two witnesses, and entered in the Marriage Register at the time the marriage is registered.
- Content (section 1465): a clause contrary to public order or good morals, or a clause saying that a foreign law governs your property relations, is void.
- Changes (section 1467): after the marriage, a prenup can be changed only with the court's permission.
- Agreements made during the marriage (section 1469): either spouse may cancel them at any time during the marriage, or within one year after it ends.
In practice: a prenup signed weeks after the wedding is not a prenup under Thai law, and an agreement written abroad that picks your home country's law does not do what you expect for property in Thailand. If you are not married yet and want one, a lawyer has to prepare it so that it is ready for the registration day.
A prenup that was not registered at the wedding will not protect you in Thailand. Check your marriage certificate and the Marriage Register entry. If the prenup is not recorded there, assume that the Code's default rules on marital property apply, and get legal advice before you sign a divorce agreement.
Children: custody and maintenance
In a divorce by consent, the spouses must agree in writing who will exercise parental power over each child and how much each will contribute to the child's maintenance (sections 1520 and 1522). If they cannot agree, the court decides. In a court divorce, the court decides both. The district office records an agreement on custody in the divorce register if you ask it to.
Agree in writing on the practical points too: where the children will live, travel abroad, passports and school. A child's own passport and visa questions are covered on our page on having a baby in Thailand. Where one parent may take a child to another country, both of you should take legal advice in Thailand and at home before you sign.
Your visa after the divorce
If you live in Thailand on a marriage-based Non-O visa or extension of stay, the reason you were granted that permission is the marriage. We could not verify, on an Immigration Bureau page, what happens to the extension when the divorce is registered, or whether you get time to change to another visa. Ask your immigration office before you register the divorce, so you know whether you need a new basis to stay, such as a retirement visa, a DTV or a work visa.
Other paperwork follows the divorce. A spouse who used the other's surname goes back to their own, as our page on Thai names notes, and passports, bank accounts and the house registration may need updating. Review your will after a divorce as well: our guide to making a will in Thailand covers the forms and witnesses.
Getting a Thai divorce recognized at home
United Kingdom: under section 46 of the Family Law Act 1986, an overseas divorce obtained by "judicial or other proceedings" is recognized if it is effective in the country where it was obtained and either spouse was habitually resident in, domiciled in, or a national of that country when the proceedings began. A divorce not obtained by proceedings faces stricter tests. We could not verify whether a district-office registration counts as "other proceedings" under the Act. The FCDO advises anyone planning to divorce in Thailand to consider legal advice from an English-speaking lawyer there.
Norway: a foreign divorce that is binding in the country where it was granted is valid in Norway if one spouse lived there or was a citizen of that country when the case began, unless it is clearly contrary to Norwegian public order. The Statsforvalteren decides on recognition, and recognition is required before the divorce can be used as proof that the marriage has ended, for example before remarrying.
Other countries: we could not verify the United States', Sweden's or other countries' rules. Ask the authority that keeps your civil status at home before you rely on a Thai divorce certificate for a new marriage, a pension or an inheritance.
Frequently asked questions
How much does a divorce at a Thai district office cost?
Nothing. The Department of Provincial Administration's registration guide says divorce registration is free in all cases; certified copies cost 10 baht each. Translation, legalization and lawyer's fees are separate.
Do both spouses have to attend a Thai divorce in person?
Both must register a mutual-consent divorce, but not necessarily at the same office. One spouse can file at one district office or Thai embassy and the other can sign at a second office within 60 days of being notified.
Can a foreigner get divorced at a Thai embassy abroad?
Yes, a mutual-consent divorce can be registered at a Thai embassy or consulate, according to the Department of Provincial Administration's guide. Check with the embassy which documents and appointments it requires.
Is a prenuptial agreement valid in Thailand?
Only if it was made in writing, signed by both spouses and two witnesses, and entered in the Marriage Register when the marriage was registered. A clause choosing a foreign law for your property is void.
How is property divided in a Thai divorce?
Marital property (sin somros), mainly what was acquired during the marriage and the income from personal property, is divided equally, and common debts are shared. Each spouse keeps their personal property (sin suan tua), such as what they owned before the marriage or inherited.
Sources
- Department of Provincial Administration, Bureau of Registration Administration – Registration guide: divorce registration (Thai) (checked October 2026)
- Thailand Law Online – Civil and Commercial Code, divorce, sections 1514-1535 (unofficial translation) (checked October 2026)
- Thailand Law Online – Civil and Commercial Code, property of husband and wife, sections 1465-1474 (unofficial translation) (checked October 2026)
- legislation.gov.uk – Family Law Act 1986, section 46 (checked October 2026)
- GOV.UK – Living in Thailand (checked October 2026)
- Lovdata – Lov om godkjenning av utenlandske skilsmisser og separasjoner (1978) (checked October 2026)