🇹🇭🇫🇷 Thai–French Divorce
Civil law · Code Civil §229–§312
Quick Answer
Thai-French divorce: Since 2017, France allows mutual consent divorce via notaire without court — 2 months. Communauté légale splits marital acquisitions 50/50 unless contrat de mariage. Prestation compensatoire = lump sum, not monthly.
- Uncontested: 2–4 (notary route) months
- Contested: 18–36 months
- Fees: Quoted per case after we review the documents and jurisdictions involved.
- Waiting period: 0 (divorce par consentement mutuel · notary 2016 reform) · 6–24 contested
- Hague Abduction 1980: ✓ Member
- Fault-based: No (no-fault)
Jurisdiction & Recognition
Competent court: Thai court OR Tribunal Judiciaire — habitual residence of family.
Recognition of Thai judgment in Thai–French: Exequatur procedure required — Tribunal Judiciaire reviews Thai judgment for public policy compliance; automatic if divorce par consentement mutuel notariated.
Matrimonial Regime
System: Communauté réduite aux acquêts default; also séparation de biens, communauté universelle
Conflict with Thai law: Communauté légale splits ALL post-marriage acquisitions 50/50 — even sole-name Thai land purchases if funded from marital funds. Convention matrimoniale required to opt out.
Spousal support: Prestation compensatoire — one-time lump sum common; capital or annuity
Child support: Barème du Ministère de la Justice (income × care split)
Child Custody
Standard: Autorité parentale conjointe default (§372) · résidence alternée possible
Hague Abduction 1980: Member — return order within 6 weeks
Insider Playbook
- Divorce par consentement mutuel — each spouse needs separate avocat, then notaire certifies (no court since 2017)
- Contrat de mariage must be executed pre-marriage before notaire; otherwise communauté légale applies
- Résidence alternée (alternating homes) is French default — Thai fathers get equal time
- Prestation compensatoire calculated on lifestyle disparity — Thai spouse entitled if >50yo or child-carer
- Titre de séjour VPF revoked if <3 yrs marriage; >4 yrs = independent right
- Exequatur — Thai judgment via Tribunal Judiciaire; 6-12 months, EUR 3,000-8,000
- Hague 1980 — French Central Authority at Ministère de la Justice
⚠️ Common Pitfalls
- No contrat de mariage = Thai marital acquisitions split 50/50 (even offshore)
- Signing convention de divorce without own avocat = void
- Titre de séjour expiring without renewal application = immediate loss of status
FAQ
- Really no court required?
- Yes since 2017 — divorce par consentement mutuel before notaire; exception if child requests judge audition
- Will French recognize Thai amphoe divorce?
- Requires exequatur — Tribunal Judiciaire reviews public policy; usually granted if due process observed
- PACS vs mariage divorce difference?
- PACS dissolved at mairie easily; mariage requires full divorce procedure
- Prestation compensatoire amount?
- Based on lifestyle disparity + duration; typically EUR 20,000–500,000 lump sum
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Updated 2026-07-21
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Frequently asked questions
- How does a foreigner register a marriage in Thailand?
- The foreign partner first obtains an affidavit of freedom to marry from their embassy in Thailand, has it translated into Thai and legalized by the Department of Consular Affairs, and then both parties register the marriage at any district office (amphoe) with passports and two witnesses. Since the Marriage Equality Act took effect on 23 January 2025, same-sex couples register on exactly the same basis.
- Do we need an interpreter at the district office?
- Yes in practice — most district offices require that a foreign party who does not read Thai be assisted by an interpreter, and many request that the interpreter present identification and sign the register. Some offices also expect a prenuptial agreement, if any, to be presented before registration, because a prenuptial agreement in Thailand is only valid when registered together with the marriage.
- Is a Thai marriage recognized in my home country?
- A marriage registered at a Thai district office is generally valid worldwide, but recognition procedures differ: many countries want the Thai marriage certificate and the Kor Ror 2 extract translated, legalized by the MFA and certified by their embassy before it is entered in their civil register. Some countries additionally require registration with their consulate within a set period.
- How is a prenuptial agreement made enforceable in Thailand?
- Under the Civil and Commercial Code a prenuptial agreement must be in writing, signed by both spouses and two witnesses, and registered with the marriage at the district office on the day of registration — an agreement signed afterwards is void as to property arrangements. It also cannot contradict public order or the rules on parental duties, so the drafting must be Thailand-specific rather than a translated foreign template.