A divorce agreement or settlement agreement in Thailand is a contract between spouses that sets out the terms of their divorce. The agreement may cover a wide range of topics from the financial settlement, division of marital property, child custody, child support, visitation right, alimony, and actions to be conducted after divorce. This agreement is typically drafted by an attorney who specializes in and has a good understanding of family law to ensure that the rights of each party are protected and to minimize the impact a divorce may have on the legal front. However, the spouse can negotiate the terms of the divorce directly with their spouse or spouse’s attorney if both parties are amicable about the division of marital property, child custody, and other issues. Both parties will be required to formalize the agreement in writing through signing the divorce agreement for it to be valid and binding.

Once the parties have agreed on the terms of the divorce, they can sign the divorce agreement with two witnesses also signing in the agreement. Furthermore, the divorce agreement needs to be registered with a Thai government authority at the district office (Amphur or Khet), together with signing the divorce certificate before the district officer for validation of the divorce and the divorce agreement. 

The divorce agreement also can be used in court for a contested divorce if both of the parties can agree on some issue and the parties need the court to settle the other issue which cannot be agreed upon by the spouses.

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