Family Law

Thai family law addresses a broad spectrum of issues such as marriage, divorce, child custody, adoption, prenuptial agreements, inheritance, and alimony. These matters are governed mainly by Book V and VI of the Thai Civil and Commercial Code. Legal marriage in Thailand must be registered with the local district office (Amphur) to be valid. In case of divorce, the law distinguishes between contested and uncontested procedures, with the latter allowing for a simpler administrative process. Child custody decisions prioritize the best interests of the child, and adoption requires approval from the Child Adoption Center. Prenuptial agreements must be registered at the time of marriage to be enforceable. Inheritance laws determine how assets are distributed among surviving relatives if no will exists. Alimony may be granted based on financial need or misconduct. Family disputes are first subject to mediation, and if unresolved, they are settled in Thailand’s Family Courts, which specialize in such matters.

In the event of a divorce, Thai law makes a clear distinction between two categories of assets: personal property (Sin Suan Tua) and marital property (Sin Somros). Personal property includes anything owned by either spouse before the marriage, as well as gifts or inheritances received individually during the marriage. These assets remain with the original owner and are not subject to division. Marital property, on the other hand, consists of all assets and income acquired jointly during the marriage, regardless of which spouse holds the title.

According to Thai law, marital property is typically divided equally (50/50) between the spouses, unless a valid prenuptial agreement specifies a different arrangement. However, if one spouse can provide evidence that certain assets were acquired through deceit, misconduct, or misappropriation, the court may adjust the division accordingly. It’s essential for each party to collect documentation proving ownership, financial contributions, or any relevant circumstances to ensure a fair and transparent resolution. For more detailed information, you can refer to the Thai Civil and Commercial Code.

To register a marriage in Thailand, both parties must meet specific legal conditions. They must be at least 17 years old (or the age of majority in their home country), be mentally competent, and not currently married. Additionally, the couple must not be direct blood relatives or adoptive relatives, and both parties must consent willingly to the marriage. These requirements apply to both Thai nationals and foreigners intending to legally marry in Thailand.

Foreigners who wish to marry in Thailand must provide a valid passport and an Affirmation of Freedom to Marry, which must be issued by their respective embassy in Thailand. This document must then be translated into Thai, certified by an authorized translator, and legalized by the Thai Ministry of Foreign Affairs. Once all documents are prepared, the couple can register their marriage at any District Office (Amphur), where they will receive an official Thai marriage certificate, granting full legal recognition to the union.

Getting married in Thailand is a popular choice for many international couples, whether both are foreigners or one partner is Thai. However, for the marriage to be legally valid, it must follow specific administrative steps. The table below summarizes the key information you need to know.

Child custody in Thailand is primarily based on the best interests of the child. There are two types of custody: legal custody and physical custody. Legal custody refers to the right to make major decisions regarding the child’s welfare, such as education and health care. Physical custody, on the other hand, involves the right to live with the child and provide day-to-day care. In the case of married parents, both typically share custody, but if the parents divorce or separate, the court will decide based on factors such as the child’s emotional and physical well-being and each parent’s ability to provide care.

If the parents were never married, the mother automatically holds custody of the child. However, the father can gain legal custody through a court judgment or voluntary registration. In any case, custody decisions will consider the child’s wishes if they are old enough, along with other factors related to their welfare. To learn more about family law and custody in Thailand, you can refer to Thailand’s Ministry of Justice.

In Thailand, a prenuptial agreement must be made in writing and signed by both parties, along with two witnesses. It must be registered at the same time as the marriage to be legally valid. The agreement typically outlines the division of assets, financial responsibilities, and the protection of premarital property. However, it is crucial to note that the agreement cannot include provisions that violate public order or good morals. Child custody decisions are also excluded, as they remain under the jurisdiction of the courts. Ensuring compliance with these rules is necessary for the agreement to be enforceable.

Themis Partner provides bilingual prenuptial agreement templates and legal advice to ensure full compliance with Thai law. Their legal team assists in drafting, signing, and registering prenuptial agreements to ensure all requirements are met. With proper legal assistance, couples can confidently protect their assets and outline their financial responsibilities. The firm ensures that all provisions are in accordance with Thai legal standards and avoid any potential legal issues.

Thailand provides two main legal paths for divorce: uncontested and contested. Understanding the differences between these options as well as the legal grounds and procedures involved is crucial for ensuring a smooth and lawful process. The table below offers a quick overview of both types.

In Thailand, when a person dies without a valid will, their estate is distributed according to the Civil and Commercial Code. The surviving spouse and children are considered primary heirs. The surviving spouse is entitled to either a half-share of the marital property or a portion of the estate, depending on which other relatives are involved. Children, whether legitimate or adopted, share equally in the inheritance. If no children exist, parents, siblings, or other relatives may inherit the estate based on Thai laws of succession. ​

If a valid will exists, the estate is distributed according to its terms, provided it complies with Thai law. Foreigners who own assets in Thailand are strongly advised to create a Thai will to ensure a smooth distribution process and avoid complications. Without a properly executed will, foreign nationals may face difficulties in ensuring that their estate is managed and distributed according to their wishes. Seeking legal advice in drafting a Thai will is essential for foreigners to secure their assets in the country. ​

In Thailand, alimony or spousal support is not automatically granted; it must be requested during the divorce proceedings. The court will take into account various factors such as the financial status and income of both spouses, the standard of living maintained during the marriage, and any misconduct or fault leading to the divorce. The court’s goal is to ensure fairness in addressing the needs of the spouse who may be financially disadvantaged after the divorce.

Alimony can be awarded as a lump sum or through monthly payments, depending on the circumstances of the case. The court also has the authority to order child support, which is separate from alimony. Child support is calculated based on the child’s needs and the paying parent’s ability to contribute. The overall approach ensures that both spouses and children are provided for in a manner consistent with their financial realities post-divorce.

Adopting a child in Thailand involves a detailed and carefully monitored legal process aimed at protecting the best interests of the child. Whether pursued by Thai citizens or foreign nationals, adoption is regulated by the Child Adoption Act and overseen by the Department of Children and Youth (DCY). Below is a clear breakdown of the adoption procedure and requirements.

Navigating family law in Thailand can be complex, especially when foreign nationals, children, or cross-border relationships are involved. Understanding the legal framework is key to ensuring your rights and those of your loved ones are protected. Whether you are getting married, planning for your future, or resolving a family dispute, proper legal advice and documents can make all the difference. At Themis Partner, we provide expert legal support in all areas of family law from marriage registration and prenuptial agreements to divorce, custody, and adoption. Our bilingual legal templates and experienced attorneys ensure your documents are compliant with Thai law and tailored to your situation. Contact us today to protect your family and secure your future in Thailand.