Last reviewed: 28 October 2026
Quick answer
If either spouse is an Australian citizen, is domiciled in Australia, or has ordinarily lived here for 12 months, you can usually divorce in Australia, including after marrying in Thailand. Thailand has no procedure for enforcing foreign judgments, so Australian orders about Thai property generally require fresh proceedings in Thailand. Thailand and Australia apply the Hague Child Abduction Convention to each other, but there is no reciprocal child support arrangement.
Thai-Chinese families often hold land, condominiums and family businesses in Bangkok, Chiang Mai or Phuket while their children study or settle in Australia. Many Thai citizens are also married to Australians, often on partner visas. Each situation raises different questions when the relationship ends.
Divorcing in Australia
At least one spouse must:
- be an Australian citizen;
- be domiciled in Australia, treating it as home and intending to live here indefinitely; or
- have ordinarily lived in Australia for the 12 months before filing.
You must have been separated for 12 months with no reasonable likelihood of reconciliation. Couples married less than two years need a counselling certificate or an explanation. A Thai marriage certificate needs a certified English translation.
The divorce ends the marriage only. Property and parenting are separate, and married couples must generally apply for property orders within 12 months after the divorce becomes final. De facto couples have two years from separation.
Serving a spouse in Thailand
Thailand is not a party to the Hague Service Convention, but Australia and Thailand have a bilateral treaty that covers service of court documents. Documents usually need Thai translations, and the process takes time. Documents must be served at least 42 days before the hearing.
Divorcing in Thailand
Thai law, set out in the Civil and Commercial Code, offers two routes.
- Divorce by mutual consent at a district office (amphoe). Both spouses attend with a written agreement and two witnesses. It can be completed quickly. This route is generally only available if the marriage is registered in Thailand. A couple married in Australia must usually register the marriage in Thailand first, or go to court.
- Court divorce. A spouse must prove one of the specific grounds in the Code, such as adultery, desertion for more than one year, living apart for more than three years, or failure to provide maintenance. Breakdown of the marriage alone is not enough. Mediation is required first in the Juvenile and Family Court. Contested cases commonly take many months, and longer on appeal.
Since January 2025, same-sex spouses have the same divorce rights as other spouses in Thailand.
Australia or Thailand: which court?
- Thailand divides marital property (sin somros) equally. Personal property (sin suan tua), such as property owned before marriage and certain gifts and inheritances, stays with its owner. Thailand’s grounds-based divorce means a contested divorce can be harder to obtain.
- Australia grants divorce on separation alone and divides property using a discretionary approach that weighs contributions and future needs, including assets owned before the marriage.
Other factors include where the children live, where the assets are, and whether orders can be enforced. Because Thailand does not enforce foreign judgments directly, an Australian order dealing with Thai land may be only part of the solution.
Property in Australia and Thailand
What an Australian court considers
An Australian court considers all property and debts of both parties wherever located, including:
- Thai land, houses and condominiums;
- shares in Thai companies, including companies that hold land;
- Thai bank accounts and investments;
- property held for a spouse by family members.
Each party must fully disclose their finances, including overseas assets. Since 10 June 2025, the Family Law Act sets out the property framework directly, including the economic effect of family violence and children’s housing needs.
Thai land and foreign spouses
Foreigners generally cannot own land in Thailand, so land is often registered in the Thai spouse’s name, a relative’s name or through a company. When a Thai spouse buys land, the foreign spouse is commonly asked to sign a statement that the purchase money was the Thai spouse’s separate property. That statement can later make it harder for the foreign spouse to claim an interest under Thai law, although Thai courts have allowed a foreign spouse to recover proven contributions in some cases.
In Australia, the court is not bound by how Thai title is held. It can consider who actually paid for the property and adjust the division of Australian assets accordingly.
Enforcing Australian orders in Thailand
Thailand has no statute or treaty for enforcing foreign judgments. A party seeking to enforce an Australian property order in Thailand must usually start a new case in a Thai court, using the Australian judgment as evidence, and the Thai court can consider the merits again. In practice, the best protection is an Australian outcome that relies on Australian assets, or a settlement implemented voluntarily in both countries.
Will Thailand recognise an Australian divorce?
Thai courts can recognise a foreign divorce where the foreign court had jurisdiction, the decree is final, and recognition does not conflict with Thai public order. A Thai national divorced in Australia should take steps to have the divorce recorded in Thailand, usually through a district office or a Thai embassy or consulate. Documents must be legalised and translated. Requirements vary, so check them before starting.
Australia, in turn, recognises a Thai divorce if, for example, either spouse was a Thai national or domiciled in Thailand, or the respondent lived there when proceedings began.
Children
In Australia, parenting arrangements are made in the child’s best interests. Since May 2024 there is no presumption of equal shared parental responsibility. In Thailand, the court considers above all the happiness and interests of the child when deciding who exercises parental power.
Wrongful removal or retention
Thailand and Australia apply the Hague Child Abduction Convention to each other. If a child is wrongfully taken to Thailand or kept there after a visit, the left-behind parent can apply through Australia’s Central Authority at the Attorney-General’s Department for the child’s return. The Convention applies to children under 16. Applications should be made promptly.
To prevent removal in the first place, an Australian court can place a child on the Family Law Watchlist, require passports to be surrendered and restrain travel.
Relocating to Thailand
A parent who wants to move with a child to Thailand needs the other parent’s agreement or a court order. Courts consider how the child’s relationship with the other parent and extended family will be maintained.
Child support
Thailand is not a reciprocating jurisdiction for child support. Services Australia generally cannot assess or collect child support against a parent who lives in Thailand. Lump-sum arrangements or security over Australian property may be more practical.
Partner visas and separation
Where a Thai spouse holds or has applied for an Australian partner visa, separation can affect their visa. In some circumstances, such as family violence or where there are children of the relationship, the visa application may continue after the relationship ends. Family law and migration law need to be considered together. Our firm’s Accredited Specialists in Immigration Law work alongside our family law practice on these matters.
Prenuptial and financial agreements
In Thailand, prenuptial agreements must be made in writing and registered at the time the marriage is registered. An Australian binding financial agreement must meet strict requirements, including independent legal advice for each party. Neither agreement is automatically effective in the other country, so couples with assets in both should consider coordinated agreements.
Resolving it by agreement
Mediation, including online, helps families split between Thailand and Australia avoid parallel litigation. An agreement can be formalised as Australian consent orders, with steps such as a district office divorce or land transfers carried out in Thailand.
Frequently asked questions
We married in Thailand and live in Melbourne. Can we divorce in Australia?
Yes, if one of you meets the Australian requirements.
Can we divorce at a Thai district office if we married in Australia?
Usually only if the marriage is first registered in Thailand. Otherwise a court divorce is needed.
Will Thailand enforce an Australian property order?
Not directly. A fresh case in a Thai court is usually required.
The land in Thailand is in my wife’s name. Will an Australian court ignore my contribution?
No. An Australian court looks at contributions, not just title, and can adjust the division of Australian assets.
What if my child is taken to Thailand?
A Hague Convention return application can be made through the Attorney-General’s Department.
Will separating affect my partner visa?
It may. Get advice from an immigration lawyer straight away.
How we help
Chua Tan Associates advises Thai and Thai-Chinese families in Australia on family law, property and immigration. Our team includes two Accredited Specialists in Immigration Law, and we act in many partner visa matters for Thai clients. We work with Thai lawyers where steps are needed in Thailand.
Our principal, Justin Chua, is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner and family law arbitrator. We help with:
- divorce in Australia after a Thai marriage;
- property settlements involving Thai land and companies;
- Hague Convention returns and urgent travel orders;
- separation where a partner visa is involved;
- financial agreements for couples with assets in both countries.
The initial consultation is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal advice. Thai law points are a general overview; advice from a Thai lawyer may be needed for steps in Thailand.
Official sources
Cross-border separation guides for other countries
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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