A divorce in Thailand legally ends a marriage and may be granted either through the courts or administratively. Divorce may be pursued by court judgment based on one of the 12 legal grounds outlined in Section 1516 of the Thai Civil and Commercial Code. Alternatively, if both spouses mutually agree, the divorce can be registered at the local district office, known as the Amphur (or Amphoe). In Bangkok, these offices are referred to as Khet. Amphur offices handle marriage registrations and are also authorized to register divorces by mutual consent, without the need for court proceedings.
Divorce in Thailand
Divorce grounds under Thai law for a judgment of a court are as follows:
- one spouse (husband or wife) has given maintenance to or honored such other person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;
- one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other: (a) to be seriously ashamed; (b) to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or (c) to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;
- one spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;
- one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
- one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;
- the husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
- one spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
- one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
- one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
- one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;
- one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
- one spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.
Divorce in Thailand on mutual consent
The above grounds for divorce do not have to be proven in a divorce on mutual consent by the Amphur District Office. A divorce before the Amphur in Thailand requires agreement to divorce between both spouses and agreement on the division of marital or jointly owned assets, custody of children and, if any, how much alimony will be paid. A prenuptial agreement could be helpful in negotiating a settlement as the prenuptial states the parties intentions in the event of a divorce at the time of marriage.
If no agreeable solution can be found on these matter between the parties each party can file a petition (only on the grounds given in the Civil and Commercial Code) for the dissolution of the marriage by the court and the court will decide for them on these matters according to Thai law and individual circumstances. If a prenuptial agreement has been made the court will assess the validity and enforceability of its content.
Section 1465 Civil and Commercial Code: 'Any clause in the prenuptial agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void' - read more...
Divorce by Mutual Consent in Thailand
If both parties agree on the terms of the divorce (mutual consent), the procedure at the local Amphur will be shorter, less expensive, and less time-consuming. Thai lawyer representation is not required, although a divorce settlement agreement can be prepared in advance, though this is not mandatory.
The spouses must agree on all relevant matters, such as the division of property, spousal maintenance, and child custody. 
It is not required to file for divorce at the same Amphur where the marriage was originally registered. However, both husband and wife must be personally present when submitting the mutual divorce request at the Amphur.
A contested divorce that is, the dissolution of the marriage by a court judgment, will take significantly more time and money. It also involves multiple court appearances and requires representation by a Thai lawyer.