Family Law

Divorce in Thailand

Divorce in Thailand is governed by the Civil and Commercial Code. The procedures may differ for Thai nationals and foreigners. It is important to be aware of the different types of divorce and the potential complexities involved.

Types of Divorce for Thai Citizens

When both parties to the divorce agree to the divorce and all of its terms, including how to divide the marital assets and who will have custody of the children, it is a pretty simple process. The procedure involves submitting a divorce petition to the neighborhood district office (Amphur) and showing up for a hearing to officially end the marriage. For Thai citizens, there are two main types of divorce:

  1. Uncontested Divorce
    • Both parties agree to the divorce and its terms, including the division of assets and child custody.
    • The process involves submitting a divorce petition to the neighborhood district office (Amphur) and attending a hearing to finalize the divorce.
    • This type of divorce is relatively simple and straightforward when both parties are in agreement.
  2. Disputed Divorce
    • When one or both parties cannot agree on the terms of the divorce, it becomes a more complex process known as a “contested divorce.”
    • The procedure involves submitting a divorce petition to the court and attending multiple sessions to negotiate and discuss the terms of the divorce.
    • If the parties are unable to reach an agreement, the court will make a decision on the terms of the divorce.

Considerations for Foreigners

Divorce proceedings in Thailand can present additional challenges for foreigners, including jurisdictional and immigration-related complications. It is crucial to seek legal counsel to understand the specific requirements and processes involved in obtaining a foreign divorce in Thailand, especially if one or both spouses are non-Thai citizens.

Grounds for Divorce in Thailand

In Thailand, divorce can only be obtained on specific grounds, such as:

  • Adultery
  • Desertion
  • Grave misconduct

The court may require evidence to support these claims, and both parties must have valid reasons for seeking a divorce.

Navigating the Divorce Process

Getting a divorce in Thailand can be a difficult and complex process, particularly for foreigners. Here are some important considerations:

  • Acquire legal counsel: Seek professional legal advice to understand the intricacies of Thai divorce law and to guide you through the process.
  • Document preparation: Ensure that all necessary documentation is prepared accurately and in accordance with Thai legal requirements.
  • Court proceedings: Attend court hearings and sessions as required and engage in negotiations or discussions in case of a disputed divorce.
  • Language and translation: If you are not fluent in Thai, it may be necessary to have documents translated and to hire interpreters during court proceedings.


Divorce proceedings in Thailand can be challenging, especially for foreigners. Understanding the different types of divorce, the grounds for divorce, and the potential complexities involved is crucial. Seeking legal counsel and guidance throughout the process is strongly advised to navigate the divorce proceedings successfully.

Family Law

Importance Prenuptial Agreement in Thailand

It is important to have a prenuptial agreement in place before you marry. It can help you ensure that your assets are divided fairly and equitably in the event of divorce. It can also prevent you from having to deal with a large debt that your partner may have.

A prenuptial agreement should be drafted and executed before the wedding takes place, or it will be invalid. It must be signed and registered in front of two witnesses before it can be considered a valid document. A prenup that is entered after the marriage has been finalized is not enforceable in the Thai legal system and does not protect you.

When drafting a prenuptial agreement, it is important to seek advice from a lawyer who has experience with the laws of both your home country and Thailand. The lawyer can then draft the prenuptial based on your specific needs and requirements.

You can find prenuptial agreements online for free or at various law firms, but it is always better to have one drafted by an experienced attorney. This way, you will be sure that it will be a legal document that is enforceable in Thailand.

The lawyer will be able to explain point-by-point the exact ramifications of signing the prenuptial agreement, so that you and your fianci? 1/2 can be sure that you are making the right decision. If you sign the prenuptial agreement without understanding what it entails, you could have an argument later that you did not understand what was happening.

A lawyer can also tell you what to expect in the event that the prenuptial is challenged in a court of law. This can help you avoid unnecessary conflict and stress, as well as ensuring that you are protected in case of a dispute.

Another important thing to consider when drafting a prenuptial is what to do if you decide to move abroad in the future. This can be particularly important for couples who have properties or assets that they want to protect in other countries.

In such a situation, the prenuptial should clearly state which jurisdiction will govern the property that you own during the marriage and in the event of divorce. This will prevent you from having to fight with a judge over which jurisdiction should have legal control over your assets and debts.

This can be a difficult thing to do and it is best to have the agreement crafted by a competent lawyer who has experience with these matters.

The prenuptial should include a list of all the assets that each party owns at the time of the marriage, as well as any debts that they may have. It should also specify what property rights each party will have after the marriage.

A good Thai family law firm will be able to make sure that your prenuptial is legally enforceable in Thailand. They can also guide you through the process of registering the agreement with the Thai marriage register.

Family Law

Process of Preparing a Prenuptial Agreement in Thailand

In Thailand, it is mandatory to register a prenuptial agreement before getting married and noting it on the marriage certificate. This ensures that the government knows about the existence of the marriage and will be able to notify the public if a divorce takes place.

A Prenuptial Agreement is an agreement between two parties prior to marriage that lists the assets and debts of each party and specifies how each party will be entitled to these in the event of a divorce. The agreement can be a very useful tool to help prevent disputes during the course of the marriage and even when it comes to dividing property after a divorce.

Creating a Prenuptial Contract in Thailand is a process that should be carefully considered before any final decisions are made. In order to avoid any problems, it is important to consult a qualified legal professional who can draft the document in accordance with Thai law.

The main benefits of having a prenuptial agreement are that it will provide proof in case of a possible divorce and could prevent unnecessary arguments over property ownership between the parties. Additionally, it can also help manage the assets if the couple owns any real estate.

There are many different ways to draft a prenuptial contract in Thailand. However, it is important to seek expert legal advice from a lawyer who is familiar with both Thailand and your home country’s laws. This will ensure that your prenuptial contract is enforceable in both countries and can be upheld should you decide to divorce.

In addition, the prenuptial agreement should be properly notarized before a court in Thailand to ensure that it is authentic. Failure to do this could result in the agreement being deemed unenforceable by a court.

When drafting a prenuptial agreement in Thailand, it is best to seek guidance from a competent Thai family lawyer or a solicitor who is familiar with the laws of your home country and Thailand. They will be able to prepare the contract effectively and make sure that it is up to the highest standard.

An experienced lawyer will be able to advise you on the best way to protect your personal assets and what rights you have if the relationship ends in divorce. They will also be able to ensure that the document is correctly registered in the Thailand marriage registry and complies with Thai law.

Not only will this be beneficial in the event of a future divorce, it can also save you money by preventing the need for an expensive divorce lawyer in Thailand and removing the need to argue over dividing the couple’s assets.

A Prenuptial Agreement should be drafted in a language that is understood by both parties. This is particularly important for couples from different nations, who should make it a point to understand the legal aspects of their prenuptial agreement before they sign it.

The prenuptial agreement must also be signed in front of at least two witnesses, who are 18 years of age or older before it can be legally registered. It must also be written in both the partner’s native language and Thai.