Two routes: registered or contested
If both spouses agree, a divorce can be registered at a district office with a written agreement on children and property. If you cannot agree, one spouse must file in court on grounds listed in the Civil and Commercial Code.
If one spouse is abroad
A registered divorce generally needs both spouses to attend, though some can be handled through an embassy. A contested case can be filed with a lawyer acting under power of attorney.
Marital property
Property acquired during the marriage is generally shared, subject to any prenuptial agreement registered with the marriage. Land in Thailand cannot be held by a foreign spouse, which affects how assets are divided.
Frequently asked questions
What is the difference between a consensual and a court divorce?
A consensual divorce is registered at the district office when both spouses agree. A court divorce is needed when they cannot agree and requires legal grounds. A lawyer can draft the property and custody terms.
Is a Thai divorce recognised in my home country?
Often yes, but your home country may require the divorce record to be translated and legalised. Check with your embassy before you rely on it.
How long does a contested divorce take?
It depends on the court, the evidence and whether there is an appeal. We will not quote a fixed timeline before reviewing your case.
Send your documents for a lawyer's review
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Sources
- Office of the Council of State (Thai legislation)
- Court of Justice of Thailand
- Department of Provincial Administration
Reviewed by the legal team at Thai Law & Accounting Services · Last reviewed 4 Oct 2026 · General information, not legal advice for your specific case