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🇹🇭🇰🇷 Thai–Korean Divorce

Civil law · Korean Civil Act §834–§843

Quick Answer

Thai-Korean divorce: 협의이혼 (mutual consent) has mandatory 1-3 month cooling-off (숙려기간) at Family Court. Thai spouse F-6 visa terminates if divorced <2 yrs — F-6-3 available if raising Korean child. 재산분할 has 3-yr limit.

  • Uncontested: 2–4 months
  • Contested: 12–24 months
  • Fees: THB 85,000–430,000
  • Waiting period: 1–3 (cooling-off consideration period · Family Court verification)
  • Hague Abduction 1980: ✓ Member
  • Fault-based: No (no-fault)

Jurisdiction & Recognition

Competent court: Thai court OR Korean Family Court — where Korean spouse's family register is held.

Recognition of Thai judgment in Thai–Korean: §217 CPA — Korean court recognizes Thai judgment if reciprocity + jurisdiction + due process. Register at Family Registration Office (가족관계등록관서).

Matrimonial Regime

System: Separation of property default; equitable distribution on divorce (재산분할 §839-2)

Conflict with Thai law: 재산분할청구권 (property division claim) can reach post-marriage acquisitions in both names; 3-yr statute of limitations from divorce.

Spousal support: 위자료 (consolation money) for fault; monthly support rare

Child support: 양육비 산정기준표 (child support calculation table by age/income)

Child Custody

Standard: Joint parental authority default; primary custody often to mother; 양육권 vs 친권 distinguished

Hague Abduction 1980: Member — return order within 6 weeks

Insider Playbook

  1. 협의이혼 — file at Family Court in Korean spouse's family register district; 1-month cooling-off (no children) or 3 months (with children)
  2. 재산분할 — file within 2 yrs of divorce; 3-yr statute from divorce date
  3. F-6-1 (spouse) → F-6-3 (childcare) post-divorce; prove Korean child care
  4. 위자료 — at-fault Korean spouse (adultery, abuse) pays KRW 20-100M consolation
  5. 국민연금 split — 이혼분할연금 available age 60 if marriage >5 yrs
  6. Hague 1980 — Korea signatory; Central Authority at Ministry of Justice
  7. Family Register auto-updates post-court confirmation; Thai amphoe separate filing

⚠️ Common Pitfalls

  • Missing 3-yr 재산분할 window = permanent asset forfeiture
  • F-6 expiry without F-6-3 application = must leave Korea
  • Consulate 협의이혼 without cooling-off = rejected (Family Court mandatory)

FAQ

Can we skip 숙려기간?
Only with domestic violence + Family Court certificate — usually mandatory
F-6 options after divorce?
F-6-3 (Korean child), F-6-2 (widowed), or switch to E-9/D-10 work visa
Will Korea recognize Thai amphoe divorce?
Recognition petition at Family Court + Family Register registration with Apostille
위자료 calculation?
Marriage duration + fault + assets + impact; adultery typically KRW 30-50M

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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.

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