Divorce is never easy—legally, emotionally, or financially. And when you’re living in a foreign country like Thailand, navigating a marital breakup can feel even more complex. Between unfamiliar laws, language barriers, and different cultural norms, it’s no surprise that many expats feel overwhelmed when facing divorce or custody issues here.
Whether your marriage was between two foreigners, or you’re a foreigner divorcing a Thai spouse, the legal process in Thailand can look quite different from what you’re used to back home. Even basic questions—Do I need to go to court? Who gets custody of the kids? What happens to our house or savings?—can have very different answers under Thai law.
This guide breaks down everything you need to know as a foreigner considering or going through a divorce in Thailand. We’ll cover the different types of divorce, legal grounds, how assets are split, child custody laws, and what to expect during the process, especially if children, property, or visas are involved.
If you’re facing this situation, know that you’re not alone, and being informed is the first step toward protecting your rights and making clear decisions during a difficult time.
Types of Divorce in Thailand
Not all divorces in Thailand are created equal. Depending on your situation and whether both spouses agree to end the marriage, you’ll either go through a straightforward administrative process or a more complex court proceeding.
Understanding the two main types of divorce in Thailand is the first step to choosing the right legal path.
Administrative Divorce (Uncontested Divorce)
This is the simplest and fastest way to legally end a marriage in Thailand, provided both spouses agree on everything.
Key criteria:
- The marriage must have been officially registered in Thailand at a district office (Amphur).
- Both spouses must appear in person and consent to the divorce.
If those conditions are met, you can file for divorce at the same district office where the marriage was originally registered or at any Amphur that handles civil registration. The process usually takes a couple of hours and costs very little.
You’ll be asked to sign a standard divorce form and, if children or property are involved, it’s highly recommended to prepare a written divorce agreement that covers:
- Division of assets
- Child custody and visitation rights
- Child support or spousal support (if applicable)
The registrar may ask to see a Thai-language version of this agreement. If it seems fair and both parties agree, the registrar will accept it without requiring court intervention.
📌 If only one party is a foreigner, you’ll need passport copies, translated marriage documents, and possibly a Thai interpreter, especially if you don’t speak Thai fluently.
Court Divorce (Contested or Complex Divorce)
If you and your spouse can’t agree to divorce or disagree on issues like custody, money, or who is at fault, you’ll need to go through Thai family court.
Court divorces are also necessary in these situations:
- Only one spouse wants to end the marriage
- The marriage was not registered in Thailand
- There is no mutual agreement on child custody or asset division
To file for a court divorce, at least one spouse must present a valid legal ground for divorce under Thai law (see next section). The case will be reviewed by the Family and Juvenile Court, where the judge may:
- Order mediation
- Hear witness testimony
- Review financial and custody claims
If children are involved, the court’s main priority will be the welfare of the child, not the preferences of either parent. Custody, parental rights, and child support will all be addressed in the final judgment.
A court divorce typically takes several months, and legal representation is strongly advised, especially for foreigners unfamiliar with Thai legal proceedings.
📌 Reality Check: Even if you’re in the right, navigating a contested divorce in Thailand can be frustrating and emotionally draining. Hiring a trustworthy lawyer who understands both Thai and international perspectives is essential.
Legal Grounds for Divorce in Thailand
If your spouse doesn’t agree to the divorce or if you’re filing through the Thai court system, you’ll need to prove that your case qualifies under one or more of the legal grounds for divorce recognized by Thai law.
Under Section 1516 of the Thai Civil and Commercial Code, there are 12 specific grounds that can be used to justify a court-issued divorce. These grounds are based on fault, serious incompatibility, abandonment, or long-term separation.
Here’s a breakdown of the most common grounds:
⚖️ 1. Adultery or Marital Infidelity
If your spouse has had an affair or openly lives with another partner, this can be used as grounds for divorce. Proof is required, such as photos, messages, or witness statements.
Note: Infidelity doesn’t need to be physical. Even a “reputation-damaging” emotional affair can qualify if it harms the other spouse’s dignity.
⚖️ 2. Misconduct Causing Shame or Harm
This includes physical abuse, verbal threats, drug addiction, gambling, or criminal behavior that causes:
- Physical or mental harm to the spouse
- Public shame or loss of reputation
⚖️ 3. Abandonment
If one spouse has deserted the other for at least 1 year, this can serve as a valid reason to divorce. Abandonment can include:
- Moving away and ceasing all contact
- Refusing to return to the marital home
- Leaving the country without intention to resume married life
⚖️ 4. Failure to Provide Support
Thai law expects spouses to financially support each other. If one party unreasonably fails to provide maintenance, the other may file for divorce.
⚖️ 5. Incurable Mental Illness
A spouse may file for divorce if the other has been suffering from incurable insanity or mental illness for at least 3 years, making marital life unsustainable.
Medical proof and court-appointed psychiatric evaluations are usually required.
⚖️ 6. Serious Communicable Disease
If one spouse contracts a dangerous and incurable disease, the other has the right to seek a divorce, though this is rarely used.
⚖️ 7. Physical Separation (More than 3 Years)
If you and your spouse have been living apart continuously for at least 3 years, the law allows you to file for divorce even if there was no formal abandonment.
⚖️ 8. Broken Bond of Good Behavior (Khon Dee)
If a spouse violates a promise of good behavior previously made in court (such as after a reconciliation attempt), that violation becomes legal grounds for divorce.
⚖️ 9. One Spouse Has Been Imprisoned
If your spouse has been sentenced to imprisonment for more than 1 year, and you cannot reasonably be expected to continue the marriage, this may serve as grounds.
Why It Matters
Unlike in some Western countries, no-fault divorce does not exist in Thailand’s court system. If you’re filing a contested divorce, the burden of proof falls on the person initiating the case.
📌 That’s why even when serious issues exist in the relationship, many couples still choose an uncontested divorce to avoid court battles, costs, and reputational damage.
Divorce Procedures
The process for getting divorced in Thailand depends entirely on whether both parties agree to the divorce and whether the marriage was legally registered in Thailand. While uncontested divorces are quick and administrative, contested divorces require court proceedings and can be lengthy.
Here’s a breakdown of how each process works:
Administrative Divorce (Uncontested)
This is the simplest and most cost-effective option—but it only applies if:
- Both spouses agree to divorce
- The marriage was registered in Thailand
Required Documents:
- Thai marriage certificate (original + copy)
- Passports or Thai ID cards
- Divorce agreement (if applicable), translated into Thai
- House registration book (for Thai spouse)
- Power of attorney (if using a legal representative, though both parties are generally required to appear in person)
Process at the District Office (Amphur):
- Appear together at any district office that handles civil registrations (most prefer using the same one where you got married).
- Fill out a divorce registration form.
- Present your documents to the officer.
- If there are children, assets, or support issues, submit a written agreement for the registrar to review.
- Sign the divorce record in front of the officer.
- Receive a Thai divorce certificate (Kor Or 7).
Timeframe: Same day—usually within 1–2 hours
Cost: Minimal (small admin fee only)
📌 If you don’t speak Thai, bring a translator. Some Amphur offices require both parties to understand the process fully before approving the divorce.
Court Divorce (Contested or Complex)
If you don’t qualify for an administrative divorce due to lack of agreement, foreign marriage registration, or disputes, you’ll need to file in Thai Family Court.
Step-by-Step Process:
- Hire a Thai lawyer experienced in family law and international matters.
- Your lawyer files a petition for divorce, citing the legal grounds (see Section 2).
- The court issues a summons to the other spouse.
- Preliminary hearings and mediation are held—Thai courts often push for reconciliation or settlement first.
- If no agreement is reached, the case goes to trial:
- Each side presents evidence and witness testimony
- The court examines claims about fault, finances, custody, and property
- The court issues a final judgment, which is legally binding.
Required Documents:
- Marriage certificate (Thai or foreign, with official translation & legalization)
- Passport and/or ID
- Evidence supporting your legal claim (e.g., proof of adultery, abandonment, etc.)
- Prenuptial agreement (if any)
- Records of jointly held assets or debts
- Evidence related to child custody or parental involvement
Timeframe: 3–12 months depending on complexity
Cost: Varies widely—can range from ฿50,000–฿200,000+ for legal representation and court fees
Notes for Foreigners:
- Court proceedings are in Thai—a sworn translator or bilingual lawyer is crucial.
- Divorce judgments must be translated and legalized for use outside Thailand (e.g., for immigration or remarriage).
- If your marriage was registered abroad, the Thai court may still accept jurisdiction if one spouse resides in Thailand.
Division of Assets
One of the biggest concerns in any divorce is what happens to the money, property, and belongings acquired during the marriage. In Thailand, asset division follows principles set out in the Thai Civil and Commercial Code, and it’s important to understand how this differs from community property or equitable distribution models used elsewhere.
Thai law separates property into two main categories: Sin Suan Tua (personal property) and Sin Somros (marital or jointly acquired property).
Sin Suan Tua – Personal Property
This refers to property that belongs to one spouse only, and is not subject to division during divorce. It includes:
- Assets owned before the marriage
- Inheritances or gifts received personally
- Personal items (e.g., clothing, jewelry used solely by one spouse)
- Damages or compensation received by one spouse (e.g., for personal injury)
📌 If personal property was sold and reinvested during the marriage, that money may be treated differently unless clearly documented.
Sin Somros – Marital (Joint) Property
This is property acquired during the marriage, regardless of who paid for it—unless proven otherwise. It includes:
- Income earned by either spouse
- Property purchased during the marriage
- Vehicles, furniture, or business assets bought while married
- Interest or income generated from jointly owned property
📌Thai courts generally presume that assets acquired during marriage are Sin Somros unless one spouse can prove otherwise.
Real Estate & Foreign Spouses
Foreigners cannot legally own land in Thailand in their name, which complicates asset division in mixed-nationality marriages.
Common scenarios include:
- Land is in the Thai spouse’s name but purchased with foreign funds.
- A house is built on land owned by the Thai spouse.
- A property is held via a Thai company or leasehold.
⚠️ Thai courts typically consider land in a Thai spouse’s name as their personal property, unless a clear paper trail proves it was jointly funded—and even then, legal ownership may not be granted to the foreigner.
Prenuptial Agreements
If you signed a prenuptial agreement registered at the time of marriage (and in line with Thai law), it will be taken into account during asset division.
Prenups can:
- Define what is personal vs. marital property
- Protect foreign-held assets
- Clarify how joint assets are to be divided
- Reduce court conflict and legal costs
📌 Thai courts will only honor prenups registered at the time of marriage and compliant with Thai civil law. Foreign prenups not recognized in Thailand may carry no legal weight locally.
What Happens If There’s No Agreement?
If you can’t agree on how to divide assets, the court will step in and:
- Divide Sin Somros equally or fairly
- Assign debts acquired during the marriage
- Consider custody and financial capacity when ruling on shared property (e.g., the family home)
📌 It’s always advisable to try and negotiate a settlement agreement—either privately or through court mediation—to avoid an unpredictable court ruling.
Child Custody and Parental Rights
When children are involved, divorce becomes more than a legal issue; it becomes deeply personal. In Thailand, custody isn’t just about where the child lives; it’s also about who holds legal decision-making power, known as “parental power” or “authority” under Thai law.
Thai courts prioritize the best interests of the child, and while foreigners can and do win custody cases, the process can be daunting without proper understanding and preparation.
Custody in Uncontested Divorce
If both parents agree on custody, they can include a custody arrangement in their divorce agreement. This must be:
- Written in Thai
- Submitted and approved at the district office (for administrative divorces)
- Or accepted by the court (for court divorces)
Agreements often include:
- Who the child will live with
- Visitation rights
- Financial support obligations
- Travel permissions
📌 Even in an uncontested divorce, if children are involved, Thai authorities may scrutinize the terms,especially if the foreign parent is requesting primary custody.
Custody in Contested Divorce
If there’s a dispute, the court will decide based on:
- The child’s welfare and emotional wellbeing
- Stability of the living environment
- Each parent’s ability to care for the child
- Existing bond with the child
- The child’s age and preferences (depending on maturity)
📌 While Thai mothers are often awarded custody in practice, foreign fathers and mothers can win custody if they can demonstrate active involvement and a stable lifestyle in Thailand.
Courts may also consider:
- Alcohol or drug use
- Financial irresponsibility
- Domestic abuse history
- A parent’s willingness to encourage the child’s relationship with the other parent
Parental Power (Patria Potestas)
Thai law distinguishes between physical custody (where the child lives) and parental power (legal authority).
Parental power includes:
- Choosing the child’s school
- Making healthcare decisions
- Managing the child’s property or income
- Granting permission to travel abroad
📌 In cases where the court grants custody to one parent, it will often assign sole parental power to that parent as well unless shared authority is agreed upon or proven to be in the child’s best interest.
Joint Custody and Shared Agreements
While not the default, joint custody is possible if:
- Both parties request it
- The court deems it appropriate
- There’s strong evidence of mutual cooperation
Joint arrangements may include alternating weeks, shared holidays, or joint school and medical decisions even if the child lives primarily with one parent.
📌 In practice, joint custody is rare unless both parents are amicable and remain in Thailand. Long-distance or cross-border co-parenting often leads to sole custody with defined visitation rights.
Visitation Rights
The non-custodial parent typically receives reasonable visitation, including:
- Weekends or holidays
- School vacations
- Video calls or phone contact
📌 However, Thai court orders can be vague and don’t always specify exact visitation schedules unless requested. It’s crucial to negotiate and document specific terms during proceedings.
International Custody Challenges
Foreign parents who wish to relocate with the child after divorce must obtain:
- The other parent’s written consent, or
- A court order
Removing a child from Thailand without permission may be considered parental abduction, especially if both parents share legal custody or parental power.
📌 Thailand is a signatory to the Hague Convention on International Child Abduction, but enforcement can still be slow or complicated depending on the countries involved.
Child Support and Financial Obligations
Raising a child comes with ongoing responsibilities, and Thai law reflects this. Regardless of who gets custody, both parents are expected to contribute to the child’s financial needs. If you’re a foreign parent divorcing in Thailand, it’s critical to understand how child support is handled both in legal terms and in real-life enforcement.
Legal Responsibility for Support
Under Thai family law:
- The non-custodial parent is typically required to pay child support.
- Support obligations last until the child turns 20 years old (the legal age of majority in Thailand).
- This obligation applies even if the parents were never married, as long as paternity is legally acknowledged.
Support can also be ordered for:
- Education
- Medical care
- Daily living expenses
The amount is based on:
- The parent’s financial capacity
- The child’s needs and lifestyle
- Local cost of living
- Existing agreements or court decisions
📌 There’s no official “formula” like in some Western countries, so outcomes can vary.
Support in Uncontested Divorce Agreements
In mutual divorces, parents are encouraged to agree on a support amount and include it in the written divorce settlement. This agreement should:
- Be in Thai (or bilingual)
- Specify the amount, frequency, and payment method
- Be registered with the Amphur or approved by the court
📌 Include provisions for future adjustments (e.g., inflation, schooling changes) to avoid disputes later on.
Court-Ordered Child Support
In contested divorces, the family court decides the amount and conditions. If either party fails to pay:
- The custodial parent can file a motion to enforce the judgment
- The court can order wage garnishment, asset seizure, or contempt charges
📌 However, real-world enforcement can be difficult, especially if the non-paying parent lives abroad or has no declared income in Thailand.
Cross-Border Enforcement Challenges
If a foreign parent moves back to their home country, collecting child support from abroad can be tricky. Some countries (e.g., UK, Australia, USA) may recognize Thai court orders—but only if:
- The original judgment is properly translated and legalized
- A reciprocal enforcement agreement exists between the two countries
Even then, success depends on cooperation from the foreign court system.
📌 Thai courts do not automatically monitor or enforce payments. The custodial parent must take action to report missed payments and request enforcement.
What About Educational and Medical Costs?
If not clearly stated in the divorce agreement or court order, these may become points of dispute later. It’s best to clarify:
- Who pays for international/private school tuition
- Who covers insurance or medical bills
- How to handle large one-time expenses (e.g., surgery, university fees)
International Considerations for Foreigners
Divorce is already complicated, but when one or both spouses are from outside Thailand, the legal and logistical challenges often multiply. Whether you’re a foreigner divorcing a Thai spouse, or both parties are non-Thais residing in Thailand, it’s essential to understand how international aspects affect the divorce process, custody rights, and post-divorce recognition abroad.
Divorce Between a Foreigner and a Thai Spouse
This is the most common international scenario. If the marriage was registered in Thailand, you can pursue:
- An administrative divorce (if both parties agree), or
- A court divorce (if contested)
Thai courts will accept jurisdiction regardless of your nationality, as long as the marriage is legally recognized under Thai law.
📌 If the marriage was registered outside of Thailand, an administrative divorce at the Amphur is not possible; you must go through the court system.
Divorce Between Two Foreigners in Thailand
If both spouses are non-Thai but reside in Thailand, you can still file for divorce in Thai court. The court must be satisfied that it has jurisdiction, usually by verifying:
- Thai residence
- Marriage registration (Thai or foreign)
- Sufficient legal grounds under Thai law
📌 However, if the marriage wasn’t registered in Thailand, and one party lives abroad, courts may reject the case or require more documentation.
Will My Thai Divorce Be Recognized in My Home Country?
In most cases—yes, but you must follow specific procedures to ensure your divorce is recognized abroad.
Steps usually include:
- Translate the Thai divorce certificate into your native language
- Have it certified by the Ministry of Foreign Affairs (MFA)
- Legalize or apostille the document based on your country’s requirements
- Submit the document to your home country’s civil registry or embassy
📌 Some countries (like Germany, Japan, or France) may require additional steps or court confirmation before officially recognizing a Thai divorce.
Travel, Relocation & Custody Risks
If you or your ex plan to move countries post-divorce, you must:
- Get legal permission if your child custody order includes travel restrictions
- Include relocation clauses in your divorce or custody agreement
- Apply for updated passports and travel consent forms, if applicable
Removing a child from Thailand without consent from the other parent (who holds parental power or custody) can lead to:
- Civil liability
- Criminal charges under Thai law
- International legal action under the Hague Convention
📌 Thailand is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, but enforcement may be slow or dependent on bilateral cooperation.
Cross-Jurisdiction Disputes
It’s not uncommon for legal disputes to arise when:
- One parent resides abroad
- Different courts (Thai and foreign) issue conflicting orders
- One party re-marries or applies for custody changes overseas
To protect yourself:
- Get court-approved, detailed agreements
- Avoid informal arrangements without documentation
- Consult legal counsel experienced in Thai and international family law
📌 If you plan to return to your home country with your child, secure legal permission before leaving Thailand, even if you have sole custody.
Cultural & Emotional Factors
While divorce is a legal process, it’s also an intensely emotional and social event, especially in Thailand, where cultural expectations and family dynamics run deep. For foreigners, these unspoken norms can create misunderstandings, resentment, or even unexpected legal consequences.
Understanding the cultural backdrop of Thai society can help you approach the divorce process with more clarity and fewer surprises.
The Thai View on Divorce
In modern Thailand, divorce is becoming more common and less stigmatized than in the past, especially in cities. Still, traditional values linger, particularly in rural areas or among older generations. Family reputation, social harmony (“rak sa naam jai”), and avoiding public conflict remain important.
For your Thai spouse, the pressure from family may weigh heavily, leading to:
- Reluctance to agree to divorce (even if unhappy)
- Refusal to accept blame or fault in court
- Emotional reactions that seem passive-aggressive or avoidant
📌 What might feel like a “simple breakup” to a foreigner may be perceived as shameful or humiliating in Thai eyes.
Conflict Avoidance and Indirect Communication
Thailand’s cultural preference is to avoid direct confrontation. This often shows up in divorce through:
- Silent resistance or delays
- Refusal to appear in court
- Agreeing verbally but not following through legally
- Third-party interference from family or friends
📌 Foreigners who push for a quick, Western-style resolution can become frustrated. Patience and clear, face-saving communication can make a significant difference.
Mixed Marriages & Power Dynamics
Many Thai-Western marriages involve unequal financial or social footing,with the foreigner bringing in more income or legal knowledge. While this isn’t always the case, it can create:
- Mistrust around money and property
- Conflicts over entitlement and dependency
- Accusations of manipulation or abandonment
📌 These dynamics often intensify during divorce, especially if one spouse feels disrespected, misunderstood, or legally disadvantaged.
Children in the Middle
In Thai culture, extended family often plays a large role in raising children. It’s not uncommon for grandparents to live with or take care of young kids, especially after divorce.
This can lead to:
- Confusion over who holds legal vs. practical custody
- Resistance from relatives when the foreign parent seeks visitation
- Cases where the Thai family “takes in” the child without court approval
📌 Courts typically side with stability and continuity. If the child has been living with grandparents and is happy, this may influence custody decisions.
Emotional Support & Practical Coping
Divorce in Thailand can feel isolating for expats. Language barriers, limited social support, and cultural isolation can compound grief or anger.
Helpful resources include:
- Thai-English bilingual counselors or therapists
- Expat support groups (on Facebook or in local communities)
- Legal advocates who understand both systems
- Time and space to cool off—especially when co-parenting is involved
📌 You’re navigating both a legal breakup and a cross-cultural rupture. Be gentle with yourself. Seek clarity, but not escalation.
Hiring a Lawyer & Language Support
While some administrative divorces can be handled without legal help, the moment your divorce involves property, children, disputes, or foreign marriages, having a competent Thai family lawyer becomes essential.
Not only does your lawyer represent you in court—they bridge the cultural, legal, and language gaps that can derail your case if left unmanaged.
Do You Really Need a Lawyer?
Here’s when legal representation is strongly recommended:
✅ You and your spouse disagree on custody, assets, or grounds for divorce
✅ Your marriage was not registered in Thailand
✅ You don’t speak or read Thai fluently
✅ You need to enforce or defend parental rights
✅ You want a legally binding agreement that will be recognized internationally
Even if you’re pursuing an uncontested divorce, a lawyer can:
- Draft or review your divorce agreement
- Ensure that terms meet Thai legal standards
- Translate and explain documents
- Represent you at the Amphur (if power of attorney is allowed)
Finding the Right Family Lawyer in Thailand
Not all lawyers are created equal. Look for one who:
- Specializes in family and custody law
- Has experience working with foreign clients
- Is fluent in English (or works with a certified translator)
- Can explain both legal risks and practical outcomes
- Provides transparent fees and timelines
📌 Ask for client references or check reviews from other expats—especially in your area (Bangkok, Chiang Mai, Phuket, etc.).
Legal Fees and Cost Expectations
Fees vary depending on the complexity of the case and the lawyer’s reputation.
Typical ranges:
- Uncontested divorce agreement: ฿10,000–฿30,000
- Full court divorce (contested): ฿50,000–฿200,000+
- Custody disputes or appeals: add another ฿50,000–฿150,000
Some lawyers offer fixed fees for straightforward cases, while others charge hourly.
📌 Always get a written fee agreement up front, and clarify what’s included—especially translation, court appearances, and document certification.
Language Barriers & Official Translation
All court proceedings in Thailand are conducted in Thai, and all official documents must be submitted in Thai.
If you don’t speak Thai:
- You’ll need a court-approved interpreter for hearings
- Your lawyer should be fluent in English or provide a certified translator
- Any foreign-language documents (e.g., marriage certificates) must be translated, notarized, and legalized
For key legal documents (divorce judgment, custody orders, etc.) that you need to use outside Thailand, request:
- A certified Thai-English translation
- Authentication from the Thai Ministry of Foreign Affairs (MFA)
- Legalization or apostille for your home country, if required
Post-Divorce Legal Matters
Finalizing a divorce is only part of the journey. Once the paperwork is signed and custody decided, there are still a number of practical and legal steps you may need to take—especially if you’re a foreigner living in Thailand or planning to return to your home country.
Here’s what to address after the divorce to avoid problems down the road.
Visa Status After Divorce
If you were staying in Thailand on a Thai marriage visa (Non-O), the divorce will affect your legal right to remain in the country.
You must:
- Report the divorce to Thai Immigration
- Cancel or convert your visa—options include:
- 30-day extension to wrap up affairs
- Switching to another visa (e.g. retirement, education, volunteer, Elite, etc.)
- Applying for a Non-Immigrant O based on a child in Thailand (if you have custody or legal guardianship)
Overstaying your visa after a divorce can result in fines or a blacklisting.
📌 Notify Immigration immediately after the divorce and ask about options. Some offices are stricter than others.
Legalizing Your Divorce Documents
To use your Thai divorce judgment or certificate outside Thailand (for remarriage, immigration, custody disputes, etc.), you’ll need to:
- Get a certified translation into your native language
- Authenticate it through the Thai Ministry of Foreign Affairs (MFA)
- Have it legalized or apostilled for your home country, depending on treaty status
- Submit to the appropriate authority (e.g., civil registry, embassy, or family court)
Updating Child Custody or Travel Permissions
If you have children together, you may need to:
- Apply for a new passport for your child (often requires consent from both parents)
- Notify the embassy of new custody status
- Request travel consent documentation for overseas trips
- Ensure any Thai or foreign custody records are updated and legally recognized in both countries
📌 If you intend to relocate with your child abroad, get written consent or a court order before leaving.
Property, Inheritance & Financial Records
After divorce:
- Update property records (if jointly owned real estate or businesses exist)
- Notify banks of change in marital status
- Revisit or revise your will or estate plan—especially if your Thai ex-spouse was listed as a beneficiary or co-signer
- Cancel or split any shared financial products (credit cards, business licenses, leases)
📌 If you jointly owned a business or condo, legal separation doesn’t automatically remove your name—you must update official ownership documents.
Appeals or Modifications
If you believe the court’s divorce judgment was unfair—or if your circumstances change—you may be able to:
- File an appeal (within 30 days in most cases)
- Request a modification to custody, visitation, or child support through a follow-up motion
📌 Speak to your lawyer about realistic timelines and requirements before pursuing these.
Frequently Asked Questions
Still have questions? Here are some of the most common concerns foreigners have when navigating divorce and custody matters in Thailand, especially when international laws, language, and family life overlap.
Can I get divorced in Thailand if I’m not currently living there?
If your marriage was registered in Thailand and both parties agree, you may be able to file an administrative divorce at a Thai embassy or consulate. However, court divorces require physical presence and Thai jurisdiction; at least one spouse must reside in Thailand or have a clear connection to the country.
Can foreigners get divorced in Thailand even if married abroad?
Yes—but you’ll need to go through the Thai family court, as administrative divorces only apply to marriages registered in Thailand. The court will require translated and legalized documents proving the foreign marriage, and at least one party should be residing in Thailand for the court to accept jurisdiction.
Will I lose custody if I don’t speak Thai?
Not necessarily. While language barriers can complicate custody disputes, Thai courts focus on the child’s best interests, not the parent’s nationality or language skills. If you can show active involvement, emotional connection, and the ability to provide care (with language support if needed), you still have a strong case.
Does a Thai divorce affect my property abroad?
No. Thai courts only have jurisdiction over assets within Thailand. Property held in other countries will not be divided or affected under Thai law but may become relevant if your home country conducts its own asset review based on the Thai divorce.
Can I remarry in Thailand immediately after divorce?
Yes. Thai law does not require a waiting period for remarriage after a divorce is finalized except for women, who must wait 310 days unless:
- They give birth
- They remarry their former husband
- A medical certificate confirms they’re not pregnant
While this rule exists in the Civil Code, it’s rarely enforced in practice.
Is same-sex divorce possible in Thailand?
Not formally. Thailand currently does not recognize same-sex marriage, so there is no legal framework for divorce. If you were married abroad, you must seek divorce through your home country’s legal system, though Thai courts may assist in custody matters if children are involved.
Can I record conversations or collect messages to use as evidence?
Yes—with caution. Thai courts may accept text messages, screenshots, recordings, and photos to support claims of infidelity or misconduct. However, covertly recorded conversations may violate privacy laws, so it’s best to let your lawyer vet any materials before submitting them.
What happens if my ex doesn’t comply with the court’s orders?
You can file a motion to enforce the judgment. This applies to:
- Unpaid child support
- Blocked visitation
- Refused asset transfers
The court may respond with fines, wage garnishment, or asset seizure, but enforcement requires legal follow-up and can be slow.
Further Reading & Related Guides
Going through separation or navigating complex emotions in a cross-cultural relationship? These guides can help you understand the path that led here and what steps to consider next:
✅ Dowry (Sin Sod) in Thailand: Understanding the Tradition
Learn how traditional dowries work in Thai relationships and why they matter.
🔗 https://thriveinthailand.com/thai-dowry-sin-sod-guide/
✅ Prenuptial Agreements in Thailand: What Expats Need to Know
How to protect your assets before marriage—legally valid prenups under Thai law.
🔗 https://thriveinthailand.com/prenuptial-agreements-thailand-expats/
✅ Getting Married Legally in Thailand: Process & Requirements
Understand the steps and documents involved in legal marriage as a foreigner.
🔗 https://thriveinthailand.com/getting-married-legally-in-thailand/
✅ Thailand Marriage Visa: Complete Guide
If you’re still legally married or separating, here’s how the Thai marriage visa works—and what happens when it ends.
🔗 https://thriveinthailand.com/thailand-marriage-visa/
💬 If you’ve been through a similar experience or have a question we didn’t cover, feel free to share it in the comments below. I personally read and reply to every one.