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Divorce and Child Custody in Thailand for Foreigners Living in Phuket
Divorce rules depend on where you married and whether you agree. This page summarises what law firms and legal guides report for foreigners. It is general information, not legal advice, and family cases turn on specific facts, so speak to a lawyer. Reviewed in November 2026.
Two routes
Thai law recognises an uncontested administrative divorce and a contested judicial divorce. The administrative route is registered at the district office, can be completed in a day or a few days if both spouses attend with documents and two witnesses, and applies only where the marriage was registered in Thailand. A foreign-registered marriage generally needs a court process. Contested divorces go through the family court and can take many months or longer.
Property and money
Marital property is generally divided between spouses, and assets owned before marriage can be treated separately, so records matter. A prenuptial agreement can change how assets are split. Foreigners cannot generally own land, which affects property in a divorce. See the property guide and the leasehold guide, and the wills guide for estate planning.
Children
Thai law speaks of parental power rather than custody. Parents can agree arrangements and record them at the district office, and otherwise the court decides on the best interests of the child, not the parent's nationality. Courts may separate where a child lives from who makes decisions on education, health and travel. See the schools guide for school and passport practicalities.
Recognition abroad and documents
Some home countries will not recognise an administrative divorce without further steps, so check with your embassy or a lawyer before remarrying. Translate and legalise documents as the documents guide explains. Same-sex couples married under the 2025 law are reported to have the same divorce rights. See the LGBTQ+ guide and the legal help guide.
This is general information, not medical, legal or insurance advice. Rules and conditions change, so check current official guidance for your situation.
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