Thailand Divorce Lawyers

Siam Legal International has an experienced team of family lawyers who can assist both Thai and foreign nationals with representation for cases involving:

• Adoption
• Prenuptial agreements
• Both uncontested divorce and contested divorce
• Child custody
• Child support payments
• The division of marital property in Thailand

We know that going through a divorce is a sensitive time for you and your family, and you want to know that the lawyer handling your case is both knowledgeable and compassionate. We want you to be able to trust that your family lawyer is focused on the best interests of your family, and that they really do care about your well-being.

Below are small interviews conducted with our Bangkok-based family lawyers so you can get to know them better and get a good idea who is fighting for your family’s future.

Ms. Mary Jean Kuda

"I find fulfillment in listening to people’s stories and challenges and guiding them through difficult times in their lives. Witnessing clients at a better place than when we first met and receiving personal emails or calls of gratitude when their case concludes makes the challenging days all worth it. In my experience, understanding the intricacies of relationships and the law is highly rewarding, allowing me to make a meaningful impact on people’s lives."

Ms. Mary Jean Kuda holds a Juris Doctor degree from San Sebastian College-Recoletos in the Philippines after earning a Master of Law in Business Law from Thammasat University in Thailand and a Bachelor of Arts in Mass Communication from Centro Escolar University in the Philippines. Having resided in Thailand for more than a decade, Ms. Jean has fully immersed herself in the country’s legal landscape. She has over 8 years of experience practicing family law full-time, handling a wide array of cases including marriage registrations, divorce proceedings, legitimation, child custody, and other family matters.

Ms. Natvarin (Noon) Keawphitoon

"I strive to constantly improve my understanding of the intricacies of Thai and foreign law so that it can help me resolve cases more efficiently and use my knowledge to help people through difficult times in their lives. I am particularly interested in the well-being of children, so I am proud to utilize my extensive legal experience when dealing with family court cases to find the best solutions for them."

Ms. Natvarin (Noon) Kaewphitoon has vast experience in Business Law and Intellectual Property for some local firms in Bangkok and earned a Master's Degree in International Trade Law from Thammasat University of Thailand. She is also a notarial services attorney who completed a Law Degree from Kasetsart University in 2016. Her positivity and dedication to her work make her the best qualified to assist clients with family cases and provide notarial services to documents that need certification and translation.

Ms. Nisarat (Gift) Suriyanang

"What is most appealing to me as a family/divorce lawyer is understanding the practical use of the Juvenile and Family Procedure Act (2010) and applying it in family court cases. The act itself is intended to let families resolve their disputes through a mutual agreement and reach a compromise in order to maintain peace and happiness within the family. I believe this is a noble goal and is one I work towards with every case.

I am fortunate to be equipped with the skills and experience needed to find the ideal legal solutions for families. I have also studied foreign family law and conventions to provide better and more personalized services to clients who are foreign nationals or Thais with dual citizenship. This enables me and the Siam Legal Family Law team to deliver valuable services to those clients with no understanding of Thai language or law, who might otherwise have no way to achieve the ideal outcome for their family."

Ms. Nisarat (Gift) Suriyanang graduated with a Bachelor of Law degree in 2008 from Ramkhamhaeng University of Thailand, where she later obtained a Lawyer License in 2011. She has over 10 years of experience handling criminal and civil cases and has been a legal advisor at the Central Juvenile and Family Court since 2013.

Ms. Jaipare (Pin) Vangpreecha 

"I believe that the family institution is important and is something that fosters the growth of every individual into a good member of the global society. When the family institution faces problems to the extent that reconciliation is no longer possible, as a family lawyer, I am ready and honored to provide advice and guidance to resolve family issues in a gentle manner, ensuring that all parties benefit to the fullest".

Ms. Jaipare (Pin) Vangpreecha graduated with a Bachelor of Law degree in 2022 from Naresuan University of Thailand with 1st class honors. She later obtained a Lawyer License in 2023 and the Thai Barrister at Law credential in 2024, which made her a member of the Thai Bar under the Royal Patronage.

Frequently Asked Questions

Below is a detailed list of some of the most frequently asked questions about divorce in Thailand along with the answers our family lawyers provided. However, if you have any further questions regarding divorce in Thailand, do not hesitate to contact Siam Legal.

Can foreigners get divorced in Thailand?

Yes, any person living in Thailand may go through an uncontested divorce or file for a contested divorce.

For an uncontested divorce, the couple may obtain an administrative divorce at the District Office where they were married if they submit a legally-binding divorce agreement. To file for a contested divorce in Thailand, one of the spouses has to be lawfully present and have established residency in Thailand. The divorce action must also meet other requirements such as having valid grounds for divorce.

If the foreign couple did not marry in Thailand, they will not qualify for an administrative or uncontested divorce at the District Office. Provided they meet other requirements, a contested divorce may be applied for through the Thailand courts, and the grounds for divorce must be stated.

Will a divorce in Thailand be recognized in other countries?

If one of the divorcing parties is a foreigner in an uncontested divorce, regard must be given to the divorce laws of the foreign party’s country. There are some countries that recognize uncontested divorce such as the US, Australia, and Canada. For the US, however, it depends on the particular state, as each state has its own law. To ensure that the divorce is recognized, it is advised to confirm with a lawyer the divorce laws of the foreigner’s home country or state.

If the marriage has not been registered in Thailand, yet both parties agree on the divorce, they may file a divorce through the court (contested divorce) and sign the compromise agreement. Contested Divorce, on the other hand, is recognized in most countries because this is a divorce based on a court judgment.

How long does a divorce in Thailand take?

For an uncontested divorce or "administrative divorce," it takes between 1-3 days. Some district offices will request for the passport to be notarized, which means the client has to get the passport certified by their embassy, translated into Thai, and legalized by the Ministry of Foreign Affairs.

For a court divorce, it typically takes 3-6 months for the court to finish hearing a contested divorce case. If both parties are able to agree on a settlement at the first hearing, also called Mediation, the process could take 3-4 months for the judgment to be rendered. However, if they cannot agree on a settlement during the Mediation, the procedure can last 6 months or longer.

How much will it cost to file a divorce in Thailand?

An uncontested divorce at a District Office is usually the least expensive option. Unfortunately, not all married couples qualify for a divorce by mutual consent.

A contested divorce is more expensive as the lawyers must provide many more services such as document preparation and representing their client in Thailand court hearings. There are also many more legal fees involved in a court divorce.

Can spouses living outside of Thailand file for a divorce in Thai Court?

If the Thailand divorce is uncontested or administrative, both parties will still need to appear at the District Office to register the divorce. A contested divorce, however, requires a judgment from the Thai Court.

If the couple is living abroad, the Thai Court may, potentially, still have jurisdiction over a divorce action under some circumstances. Therefore, a Thailand divorce lawyer may still be able to file a divorce complaint on the divorcing party’s behalf, even though the party may not be located in Thailand.

Normally, a plaintiff (the spouse who files the divorce complaint) must appear in person at least once during the court process to provide testimony that establishes the grounds for the divorce, while a divorce lawyer may assist in reserving a convenient date with the court.

If one of the spouses resides in Thailand but the other spouse is not present or will not return to Thailand for the divorce process, the spouse residing in Thailand may still be able to proceed with the court divorce. However, there must be grounds for divorce or one of the spouses must be a Thai national. Thailand courts also require evidence that the defendant in the divorce case, if residing outside of Thailand, receive adequate notice of the divorce action.

Servicing of the summons for a divorce hearing must be applied through a Thai court. If the other spouse is not in Thailand, a substitute servicing method (such as a publication in a newspaper) may be allowed in certain circumstances. If the other spouse does not respond to a lawful service from the court, the divorce case may proceed by default, all but ensuring a poor outcome for the absent party.

How are property and outstanding debts divided in the event of divorce?

When a couple divorces in Thailand, separate property such as assets and property acquired before the marriage, generally remains as the property of the original owner.

Assets and property acquired during the marriage are commonly considered marital property with both spouses having equal ownership rights. The rules regarding the division of such property are complex and the Thai Court will divide the property according to the law and individual facts of the case.

However, in a negotiated settlement, divorcing spouses may alter their division of property from what is normally required by the law. Also, prenuptial agreements can alter the distribution of property during a divorce, as they supersede any divorce agreement.

Debts incurred during the marriage, whether they are household, medical, or educational, are normally the responsibility of both parties.

What if I have a prenuptial agreement?

Prenuptial agreements in Thailand are allowed, provided they meet the procedural and substantive requirements of Thai law. A properly executed prenuptial agreement is usually considered a valid legal agreement in other international jurisdictions that accord with the basic principles of fairness and due process.

Procedural requirements for prenuptial agreements may be stricter in Western Common Law jurisdictions. On the other hand, many Western jurisdictions have fewer requirements for approving prenuptial agreements. Thailand has its own requirements for registering a prenuptial agreement at the time of marriage.

If the marriage and prenuptial agreements were executed or registered in another nation, a Thai Court will normally accept the agreement if it adheres to the requirements of the foreign law.

What is a divorce agreement?

Before both spouses proceed to the District Office for an uncontested divorce, it is advised that they first enter into a legal agreement regarding their divorce in Thailand.

The divorce agreement is a contract entered into between divorcing couples who wish to settle their issues on marital property division and/or child custody by mutual consent before a divorce is granted to them. In some countries, this is also known as the settlement agreement.

Aside from the settlement of issues on the sharing of child custody and marital property, the divorce agreement may also contain provisions on spousal support or alimony, and more importantly, child support payments.

What are custodial rights under Thai law?

Thai rights of custody are called "parental powers" under the Thailand Civil and Commercial Code. The parental power is exercised by the father, the mother, or a third person who is a legal guardian of the child until the child reaches the legal age of 20 years old. A person exercising parental power:

• May determine the child’s place of residence
• May discipline the child reasonably
• May demand the return of the child from someone else, including another parent who does not have custody rights and unlawfully detains the child
• May manage the property of the child with the restriction that selling, mortgaging, and exchanging the property of the minor child requires the approval of the court

Child custody in Thailand can be obtained by the mutual consent of both spouses and by the decision of the court.

Contact Siam Legal International for Marriage Consultation Services

If you are going through a divorce in Thailand, get in touch with Siam Legal International’s expert, bilingual family lawyers. We are a full-service law firm with over 20 years of experience in helping clients from all around the world achieve a swift and favorable outcome to their divorce proceedings in Thailand.

If you and your spouse have agreed to an uncontested divorce, our family law team will assist in gathering all the necessary documents, along with reviewing the divorce agreement for accuracy, and present the case to the District Office or Thai Embassy where you had both registered your marriage. With our services, we ensure that the transition to the next stage of your family’s lives will be smooth.

However, if your divorce is contested, we will guide and be with you through every step of the divorce proceeding to ensure a favorable outcome, whether it includes child custody and support, alimony, or the desired division of marital property.

For the best possible outcome for you and your family, contact Siam Legal.