Before you decide to divorce — what to know
Divorce is not simply "signing the papers". Three big issues are always intertwined: marital status, marital property, and the children. Many couples who come to us agree to separate but get stuck on dividing assets or rights over the children. This guide gives you the overview to prepare and decide with good information.
This is general information; your rights depend on your family's specific facts. Consult a lawyer before acting.
Two types of divorce
1. Divorce by mutual consent (at the district office)
Both spouses agree and register the divorce at the registry office. This is the fastest and cheapest route — but the crucial part is the settlement agreement on dividing property, parental authority, and child support. It must be clear and watertight; vague wording frequently becomes a later dispute. Having a lawyer draft or review the agreement before you sign is well worth it.
2. Divorce by court judgment (contested divorce)
When the other spouse won't agree, or you can't settle the children/property, the spouse seeking divorce must file in court with a recognised "ground for divorce" — such as long desertion, disgraceful conduct, physical or mental abuse, or separation beyond the set period. The court decides on the evidence. Each ground has elements that must be proven; a lawyer will assess which applies and what evidence you need.
Dividing marital property
The heart of property division is separating marital property from personal property.
- Marital property — assets acquired during the marriage, such as salary, a house, or a car bought after the wedding. As a rule, divided equally.
- Personal property — assets owned before marriage, personal effects, or property inherited/gifted specifically to one spouse. Not divided.
A common problem is "mixed" assets — a house paid off both before and after the marriage, or personal funds invested together with marital assets. These require financial evidence and calculation; good records and a lawyer keep you from losing out.
Parental authority and child support
The court decides on the children by the best interests of the child, not the parent's gender. It looks at who has been the primary carer, readiness in time and finances, the caregiving environment, and the bond with the child.
Parental authority may go to one parent or be shared. Child support has no fixed rate; it is based on the child's needs (schooling, healthcare, daily costs) against the payer's ability, and can be adjusted as circumstances change — for example as the child grows or income shifts.
When a spouse is a foreign national
If either spouse is a foreign national, extra issues arise — jurisdiction, recognition of the judgment abroad, and assets in different countries. We have a team dedicated to cross-border family matters. Read more at family law services in Khon Kaen, or see our guide for foreigners on divorce in Thailand.
Documents to prepare before consulting a lawyer
- Marriage certificate and both parties' house registration
- Children's birth certificates
- Property documents — title deeds, sale contracts, bank books, vehicle registration
- Proof of both parties' income (if available)
- Evidence relating to the ground for divorce — messages, photos, witnesses
Summary
A well-planned divorce reduces conflict and protects both your assets and your long-term relationship with your children. Whether by consent or contested, having a lawyer draft the agreement or shape the case from the start helps you avoid missing key rights.
If you are facing this, talk to our family law team or share the details of your case. We listen with understanding and keep your matter confidential.