Skip to main content
SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
SUWANVARA LAWFIRM
SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
Family Law

Divorce, Dividing Marital Property, and Child Custody: How to Begin

Want a divorce but don't know where to start? Mutual-consent vs court divorce, how marital property is divided, and child custody and support.

by Legal Advisory TeamApril 18, 20261 min read
Divorce, Dividing Marital Property, and Child Custody: How to Begin

Divorce isn't just "signing the papers" — three big issues are intertwined: marital status, marital property, and the children. Many couples agree to separate but get stuck on dividing assets or rights over the children.

Two types of divorce

  • Divorce by mutual consent — both agree and register at the district office; fast and cheap, but the "settlement agreement" on property and children must be watertight.
  • Divorce by court judgment (contested) — when the other won't agree or you can't settle, you must have a legal ground for divorce and prove it with evidence.

How marital property is divided

As a rule, marital property (assets acquired during the marriage) is divided equally, while personal property (owned before marriage / individually inherited) is not. The complex part is "mixed" assets, which require financial evidence.

Child custody and support

The court decides on the best interests of the child, not the parent's gender. Child support has no fixed rate but is based on the child's needs and the payer's ability, and can be adjusted as circumstances change.

📌 Read the full guide: divorce, marital property & child custody · family law services

If you're considering divorce, talk to our family law team to plan and protect both your assets and your relationship with your children.

Frequently asked questions

What are the two types of divorce in Thailand?+

Divorce by consent, where both parties agree and register the divorce at the district office — quick and inexpensive, but the agreement attached to the divorce covering property and children must be drafted tightly. And divorce by court judgment, used where one side will not agree or terms cannot be reached, which requires statutory grounds proved by evidence.

How is marital property divided?+

As a rule marital property, meaning assets acquired during the marriage, is divided equally. Personal property owned before the marriage or received as a personal inheritance is not divided. The difficult part is assets that have become mixed, which takes financial evidence to unpick.

How does the court decide custody?+

The court applies the best interests of the child. It does not decide on the basis of whether a parent is the mother or the father — what matters is suitability to care for the child.

Is there a fixed rate of child support?+

No. It is assessed from the child's needs and the paying parent's ability to pay, and it can be varied later if circumstances change.

Once we register the divorce, is everything settled?+

Registering the divorce settles marital status, but property and children are governed by the agreement attached to it. That agreement has to be drafted tightly, otherwise it becomes the dispute that follows.

Share articleFacebookLINEX