Question 1

What are the grounds for divorce in Thailand?

Accepted Answer

An uncontested divorce is registered at a district office under Section 1514 of the Civil and Commercial Code, in writing and signed by at least two witnesses. A contested divorce must be filed in the Juvenile and Family Court and must fit one of the statutory grounds in Section 1516, which include maintaining or honouring another person as a spouse, serious misconduct, physical or mental cruelty, wilful desertion for more than one year, and living separately for more than three years because the couple cannot cohabit peacefully. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 2

Will a Thai divorce be recognised in my home country?

Accepted Answer

That is decided by your home jurisdiction, not by Thailand. Most countries accept a Thai divorce certificate once it has been legalised — typically translated into English, certified by the Legalization Division of the Department of Consular Affairs, Ministry of Foreign Affairs, and then by your embassy where required. Some countries additionally require a court registration step. Confirm the receiving authority's requirements before you register the divorce, because fixing the paperwork afterwards is slower than doing it in the right order. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 3

Who gets custody of children after a divorce in Thailand?

Accepted Answer

In an uncontested divorce, Section 1520 of the Civil and Commercial Code lets the spouses agree who exercises parental power; without agreement the court decides. In a contested case the court decides on the welfare and best interests of the child. The duty to maintain a child under Section 1564 continues regardless of who holds parental power. Put maintenance amounts, payment dates and visitation in the divorce agreement or judgment in enforceable terms — vague wording is the most common reason enforcement later fails. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 4

Is a prenuptial agreement valid in Thailand?

Accepted Answer

Yes, if it follows Section 1466 of the Civil and Commercial Code: the terms must be entered in the marriage register at the time of registration, or made in writing signed by both spouses and at least two witnesses and attached to the register with a note recorded that an agreement is attached. It cannot be made after the marriage is registered, and terms contrary to public order — or a clause applying foreign law to matrimonial property — are void under Section 1465. Prepare a Thai text alongside the English one before the registration appointment. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

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Family Law, Divorce & Child Custody

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