Legal & Family
Not every expat relationship works out. When a marriage ends in Phuket — whether between two foreigners or in a mixed Thai-foreign couple — the legal process is more straightforward than most people expect, but it comes with specific complications around assets, visa status, and children. This guide covers what you need to know.
Types of Divorce in Thailand
The simpler, faster, and cheaper route. Both spouses agree on all terms — asset division, child custody, spousal support — and register the divorce at the Amphoe district office. In Phuket: Amphoe Mueang Phuket, 3 Narisara Road, Phuket Town.
Both parties must be physically present. The divorce is registered in the Thai civil register and is legally effective immediately. A Thai divorce certificate (ทะเบียนการหย่า / Khor Ror 6) is issued.
If spouses cannot agree on divorce itself or on terms, one party must file a petition at the Phuket Provincial Court. The Thai Civil and Commercial Code specifies the legal grounds for contested divorce. The process takes 6 months to several years depending on complexity.
| Ground | Notes |
|---|---|
| Adultery (wife's) | Husband can divorce. Wife must prove husband "supports" another woman. |
| Support of another woman | Wife can divorce if husband supports and honours another woman as a wife. |
| Serious harm or mental torture | Either party can use this ground. |
| Desertion for 1+ year | Either party. Must prove genuine abandonment. |
| Separation for 3+ years | Either party. No fault required if living apart 3 consecutive years. |
| Imprisonment for 1+ year | Imprisonment for offence not committed jointly. |
| Dangerous communicable disease | Must be incurable and pose risk to the other spouse. |
| Insanity for 3+ years | Not likely to recover; creates impossible cohabitation. |
Asset Division
Thai law distinguishes between two types of marital property:
| Asset type | Thai term | Who keeps it |
|---|---|---|
| Jointly acquired marital assets | สินสมรส (Sin somros) | Divided equally (50/50) on divorce |
| Pre-marital personal assets | สินส่วนตัว (Sin suan tua) | Each spouse keeps their own |
| Gifts received during marriage | Generally sin suan tua | Kept by the recipient spouse |
| Inheritance received | Sin suan tua if clearly separate | Kept by inheriting spouse |
Any asset acquired during the marriage is presumed to be marital property unless proven otherwise. This includes: property purchased during marriage, business earnings, savings accumulated during marriage, investment returns on marital assets.
Condominium units held in a foreigner's name (within the 49% foreign quota) are subject to the normal marital asset rules — they are sin somros if purchased during the marriage and should be divided 50/50. The foreigner can retain ownership of their 49% quota unit — but may owe their spouse 50% of its value.
Businesses established during the marriage are generally marital property. Company shares, goodwill, and business assets acquired during marriage are subject to 50/50 division unless pre-marital business interests can be clearly separated. Mixed situations are common and require careful legal analysis.
Visa Impact
This is the section many expats overlook until it's too late. If your Thai visa was based on marriage to a Thai national, divorce ends that visa basis.
| Visa type | Effect of divorce | Action needed |
|---|---|---|
| Non-O (marriage to Thai) | Visa basis ends. Cannot renew on marriage grounds. | Apply for new visa basis immediately. Options: Non-OA retirement (if 50+), DTV, Thailand Elite, Non-B. |
| Non-O (parent of Thai child) | Unaffected — basis is parentage, not marriage. | Ensure child registration remains current. |
| Retirement visa (Non-OA) | Unaffected — basis is age/income, not marriage. | No immediate action needed. |
| DTV / Thailand Elite | Unaffected — independent visa types. | No action needed. |
| Work permit holder (Non-B) | Unaffected if work permit remains valid. | Notify employer; ensure work permit status unchanged. |
Divorce should not mean deportation. Our recommended visa agents in Phuket can advise on your best legal-stay option before your current visa basis ends.
Get Visa Advice →Process Guide
Asset division, custody (if children), spousal support, property — get mutual agreement before approaching the amphoe. Without full agreement, the process becomes a court case.
A bilingual divorce agreement covering all agreed terms. Cost: ฿15,000–฿30,000. Worth every baht for the legal clarity it provides.
Both passports, original Thai marriage certificate (Khor Ror 3), divorce registration form (Kor Ror 6 — available at amphoe), signed divorce agreement, two witnesses.
3 Narisara Road, Phuket Town. Both spouses must attend in person. The registrar reviews documents, both parties sign, divorce is registered. Thai divorce certificate issued.
Request multiple certified copies of the divorce certificate — you will need them for home country recognition, visa changes, banking, and any property transfers.
Some countries require you to notify them of a foreign divorce. Check with your embassy in Bangkok. Some countries require an apostille on the Thai certificate for domestic recognition.
Common Questions