Divorce, children and prenups in Thailand — handled calmly and lawfully

If you both agree, you married in Thailand and the agreement is ready, registration usually takes one visit. Most of the time goes into preparation: terms on children and property, translation, witnesses. Our timeline is 5–10 working days.

Not at the Amphur: it does not register a divorce if the marriage was registered outside Thailand. That leaves the Thai court, which will divorce foreigners only if the national law of each spouse permits divorce. Depending on your home country's rules, a divorce there may also be possible. Russian citizens living abroad, for example, can divorce a spouse who also lives abroad in a Russian court, or at a Russian consulate if both agree and have no minor children together (Russian Family Code, art. 160 and 19).

It depends on the country. Russia, for example, recognises a divorce of its citizen abroad if a competent authority granted it under that country's law (Russian Family Code, art. 160(3)). The divorce certificate or judgment is translated and legalised at the Thai Ministry of Foreign Affairs and then at your embassy. From 28 February 2027, the Apostille Convention takes effect for Thailand and the process gets simpler.

Go to court. You need a ground set by law, for example separation for more than 3 years, desertion for more than a year, or absence for more than 3 years with no news. For adultery, insult and failure to provide support, you must file within one year of when you knew or should have known the facts. We look at which ground and what evidence you have.

In a divorce by consent, you decide — in writing, in the agreement. You can keep shared parental power. If you cannot agree, the court decides in the child's best interests. Child support is also set in the agreement or by the court. If circumstances change, the amount can be reviewed by the court.

Not if you share parental power: you need the other parent's consent or a court order. Thailand has been party to the 1980 Hague Convention on child abduction since 1 November 2002. It applies with countries that have accepted Thailand's accession. We show you the lawful route before you move.

By law, a child born to an unmarried mother is her child only. The father gains rights by marrying the mother, registering the child at the Amphur or through a court judgment. Registration needs the consent of the mother and the child. If they object or stay silent for 60 days (180 if they are outside Thailand), the court is the remaining route.

Personal property stays with its owner: what you owned before the marriage, inheritances and gifts, personal belongings. Marital property — everything acquired during the marriage and income from personal property — is split equally. If ownership is unclear, the asset is presumed marital. Assets abroad usually need separate proceedings in the country where they are located.

No. A prenup is valid only if it is made at the marriage registration: entered in the marriage register, or attached to it as a written agreement signed by both spouses and at least two witnesses. After that it can be changed only with the court's permission. A property agreement made during the marriage can be cancelled by either spouse while the marriage lasts and for one year after it ends.

Extensions of stay based on marriage are granted to the spouse of a Thai national. After the divorce, you can no longer extend your stay on that basis. It is best to choose a new visa before the divorce is registered — we can help through our Visa extension service.