Family Law
Family Matters Deserve More Than a Template
Family law for foreigners in Thailand sits at the intersection of two legal systems — and often two cultures. Whether you’re registering a marriage with a Thai partner, protecting assets through a prenuptial agreement, navigating a divorce involving property on both sides of the world, or fighting for custody of your children, the stakes are deeply personal and the legal landscape is unfamiliar. Getting it wrong can mean losing assets, losing access to your children, or creating legal problems that follow you across borders.
Thai family law is codified in Book V of the Civil and Commercial Code. Since January 2025, the Code uses gender-neutral terminology following the legalisation of same-sex marriage — a landmark change that grants same-sex couples the same legal rights as heterosexual couples. The law governs marriage registration, marital property (the distinction between personal and community property is fundamental), grounds for divorce, child custody, parental rights, adoption, and alimony. For international couples, the Act on Conflict of Laws B.E. 2481 determines which country’s law applies — and the answer often depends on whether the issue involves property, personal status, or children.
At Samui Legal & Tax, we approach family law with the discretion and sensitivity these matters demand. We provide clear, realistic advice on your legal position, draft agreements that protect your interests under Thai law, and — when litigation becomes unavoidable — represent your case in the Family Court with the preparation and evidence it requires. Every family situation is different, and we treat it that way.
What We Handle
Family Law Services for International Families
Marriage Registration
Registering a marriage in Thailand requires a civil ceremony at the local district office (Amphur). Thai law does not recognise common-law, Buddhist, or religious marriages — only civil registration creates a legal marriage. For foreigners, the process involves: obtaining an Affirmation of Freedom to Marry from your embassy, having it translated and certified by the Ministry of Foreign Affairs, and presenting it alongside your passport and Thai ID (for a Thai spouse) at the Amphur. We coordinate the entire process, including embassy appointments, MFA legalisation, document translation, and district office scheduling. Since January 2025, Thailand recognises same-sex marriages under the amended Civil and Commercial Code, and we assist same-sex couples with registration under the same procedures.
Prenuptial Agreements
A prenuptial agreement is one of the most important documents a foreigner marrying in Thailand can sign. Under Section 1465 of the Civil and Commercial Code, a prenup must be in writing and registered at the time of marriage registration — it cannot be created after the marriage. The agreement governs how assets will be classified (personal vs. community property) and divided in the event of divorce. Without a prenup, Thai law’s default regime applies: all property acquired during the marriage is community property (Sin Somros), split 50/50. A prenup can protect pre-marital assets, business interests, inheritances, and ensure clarity for children from prior relationships. We draft bilingual prenuptial agreements that comply with Thai law while reflecting your intentions. Note: Thai courts will void clauses that violate public order or good morals — including clauses purporting to apply foreign law to Thai property.
Uncontested Divorce
If both spouses agree on all terms — property division, child custody, alimony, and child support — an administrative divorce can be completed at the district office (Amphur), often in a single day. This requires that the marriage was registered in Thailand (or at a Thai embassy). Both spouses must attend in person with identification, the marriage certificate, and a signed divorce agreement. We prepare the divorce settlement agreement in advance, ensuring it is comprehensive, legally binding, and protects your interests. The Amphur issues the divorce certificate (Kor Ror 7) upon registration. For marriages registered outside Thailand, even if both parties agree, the divorce must go through the Thai court system — but a signed settlement agreement allows the court to issue a consent judgment quickly, often at the first hearing.
Contested Divorce
When spouses cannot agree, divorce requires litigation in the Family Court. The plaintiff must prove at least one of the 12 statutory grounds for divorce under Section 1516 of the Civil and Commercial Code (adultery, desertion, physical harm, imprisonment, insanity, breach of bond of good behaviour, and others). The process involves: filing the petition and paying court fees (2% of property claims), a pre-trial conference (where mediation is attempted), the hearing proper (evidence and testimony — typically scheduled within 60 days of filing), judgment, and a 30-day appeal period. We handle contested divorces from evidence gathering through to final judgment, including witness preparation, document compilation, financial disclosure, and cross-examination. Court fees are calculated at 2% of the total property claim value, capped at THB 200,000.
Child Custody & Parental Rights
Thai courts determine child custody based on the best interests of the child — the paramount consideration in every case. Both parents have equal parental rights (since the 2025 gender-neutral amendments). The court considers: the child’s age, health, and emotional needs; each parent’s ability to provide care and stability; the child’s existing bonds and environment; and any history of abuse or neglect. Custody can be sole (one parent) or joint, though joint custody with detailed arrangements is increasingly common. For international families, the court considers whether relocation abroad serves the child’s interests. We represent parents in custody proceedings, negotiate custody agreements, and — where international abduction is a concern — advise on preventive measures. Note: Thailand has not ratified the Hague Convention on International Child Abduction, which complicates cross-border custody enforcement.
Marital Property Division
Thai law divides marital property into two categories: Sin Suan Tua (personal property) — assets owned before the marriage, or received during the marriage as a gift or inheritance — which belong solely to that spouse; and Sin Somros (community property) — all assets acquired during the marriage through the effort or income of either spouse — which are owned 50/50. Upon divorce, personal property remains with the owner; community property is divided equally. If a prenuptial agreement exists, its terms govern instead. We trace and classify all marital assets — property, bank accounts, investments, business interests, vehicles — and advocate for a fair division. For property located outside Thailand, separate proceedings in the relevant country are typically required, as Thai courts have limited jurisdiction over foreign assets.
Child Support & Alimony
In contested divorces, the court determines child support based on the child’s needs and each parent’s financial capacity. Parents can agree on an amount, but the court must approve it. Child support obligations continue until the child reaches age 20 (not 18) or completes education. Alimony (spousal support) is awarded at the court’s discretion based on: the requesting spouse’s need, the paying spouse’s ability, the length of the marriage, the standard of living during the marriage, and each party’s conduct. Thai courts have confirmed that prenuptial clauses waiving alimony are void as contrary to good morals (Supreme Court Decision 2159/2562). Interim maintenance can be ordered during proceedings before the divorce is finalised. We calculate and advocate for appropriate support levels based on documented financial positions.
Adoption & Legitimation
Adoption in Thailand is governed by the Civil and Commercial Code and, for international adoptions, by the Child Adoption Act B.E. 2522. Thai law allows both Thai nationals and foreigners to adopt, though the process differs significantly. Domestic adoption is handled by the court; international adoption requires involvement of the Department of Social Development and Welfare and the Central Authority. The process includes home studies, child matching, probationary periods, and court approval. We also handle legitimation — the legal process by which a biological father establishes parental rights over a child born outside of marriage. In Thailand, an unmarried father has no automatic parental rights; legitimation must be obtained through registration at the district office (with the mother’s consent) or by court order. This is essential for foreign fathers seeking custody or establishing inheritance rights.
Cross-Border Family Disputes
International families face additional complexity: which country’s courts have jurisdiction? Which law applies to property division? Will a Thai divorce be recognised abroad? Under the Thai Act on Conflict of Laws B.E. 2481: marriage formalities follow the law of the place of celebration (Section 19); property relations between spouses are governed by the law of the husband’s nationality if they have different nationalities (Section 22), though Thai law applies to immovable property in Thailand; and divorce grounds follow the law of the spouse’s common nationality or, if different, Thai law (Sections 25–27). We coordinate with foreign lawyers to: determine the optimal jurisdiction for proceedings, ensure Thai judgments are structured for recognition abroad, manage parallel proceedings in multiple countries, and prevent jurisdictional conflicts that can result in inconsistent outcomes.
The 12 Grounds for Divorce Under Thai Law
Section 1516 of the Civil and Commercial Code lists the exclusive grounds on which a Thai court may grant a contested divorce. The plaintiff must prove at least one.
Adultery
One spouse has maintained or honoured another person as a spouse, or committed adultery on a regular basis.
Misconduct
One spouse has committed a criminal or dishonourable act, causing the other shame, hatred, or contempt.
Physical or Mental Harm
One spouse has caused serious physical or mental harm to the other, or has grossly insulted the other or their ascendants.
Desertion
One spouse has deserted the other for more than one year continuously.
Imprisonment
One spouse has been sentenced to imprisonment for more than one year for an offence committed without the other's consent or participation.
Failure to Maintain
One spouse has failed to provide proper maintenance and support to the other, commensurate with their status.
Insanity
One spouse has been insane continuously for more than three years and the condition is unlikely to be cured.
Breach of Good Behaviour Bond
One spouse has broken a bond of good behaviour executed by them (a formal undertaking to improve conduct).
Communicable Disease
One spouse suffers from an incurable communicable disease that endangers the other.
Permanent Physical Disadvantage
One spouse has a physical condition rendering them permanently unable to cohabit as spouses.
Separation for Three Years
The spouses have voluntarily lived apart for more than three consecutive years, or by court order for the same period.
Presumption of Death
One spouse has been absent for more than three years and there are reasonable grounds to believe they are dead.
How Thai Law Classifies Your Assets
Understanding the distinction between personal and community property is the foundation of every divorce settlement and prenuptial agreement.
Sin Suan Tua — Personal Property
Belongs solely to one spouse. Includes: assets owned before the marriage; property received during the marriage as a personal gift or inheritance; personal-use items of reasonable value (clothing, tools of trade); and assets designated as personal in a registered prenuptial agreement. Personal property is not divided upon divorce — it stays with the owner.
Sin Somros — Community Property
Owned equally (50/50) by both spouses. Includes: all assets acquired during the marriage through the effort or income of either spouse; income from personal property (rent, dividends, interest); and assets acquired during the marriage by either spouse unless specifically designated as personal. Upon divorce, community property is divided equally — unless a prenuptial agreement provides otherwise.
From First Consultation to Resolution
A structured, sensitive approach that gives you clarity and control during challenging times.
Consult
Confidential assessment of your family situation, legal position, and objectives. We identify the issues and outline your options.
Advise
Clear advice on Thai law, your rights, and realistic outcomes. We identify cross-border implications and coordinate with foreign counsel if needed.
Negotiate
Where possible, we pursue negotiated settlements — faster, cheaper, and less damaging to family relationships than litigation.
Resolve
Draft and execute agreements, register decisions at the Amphur, or present your case in the Family Court with thorough preparation and evidence.
Implement
Ensure all decisions are properly registered, assets transferred, custody arrangements documented, and support obligations enforceable.
The 15 Family Law Questions Expats Ask Most
Ranked by frequency across our consultations and Thailand-wide search data. Click any question to expand.
Can a foreign prenuptial agreement be used in Thailand?
Not for Thai property. Thai law requires registration at the district office at the time of marriage. Foreign prenups are usually only effective for assets located outside Thailand.
Can a foreigner get custody of their child in Thailand?
Yes. Courts decide based on the 'best interests of the child' regardless of nationality. Unmarried foreign fathers must first obtain legal 'legitimation' to have parental rights.
Can I take my child out of Thailand after a divorce?
Requires legal authority. If joint custody, both parents must consent. If one parent refuses, a court order is required. Thailand is not a member of the 1980 Hague Convention on Abduction.
Can my Thai spouse own land while married to me?
Yes, but the Land Office requires a declaration that the funds used were the Thai spouse's personal property, meaning the foreign spouse waives any legal claim to that land.
Can my Thai spouse take my property if we divorce?
Only the 50% share of community property. Personal property is protected, but without a prenup, the burden of proof is on you to show assets were owned before marriage.
How do I register a marriage in Thailand as a foreigner?
Process: Obtain Affirmation of Freedom to Marry from embassy, translate to Thai, certify by Ministry of Foreign Affairs (MFA). Both parties attend local District Office (Amphur) with witnesses. Marriage is legal upon registration. Same-sex couples included since Jan 2025.
How is property divided in a Thai divorce?
Personal property (Sin Suan Tua) stays with the owner. Community property (Sin Somros) acquired during marriage is divided 50/50. Income from personal property during marriage is usually community property.
How long does a divorce take in Thailand?
Uncontested: One day at the Amphur. Contested: 3–6 months for straightforward cases; longer for complex property or custody disputes.
Is a prenuptial agreement enforceable in Thailand?
Yes, if executed properly. Must be in writing, signed by both parties, and registered at the district office AT THE TIME of marriage registration. Post-nuptial agreements or unregistered prenups are void regarding Thai property.
Is alimony awarded in Thai divorces?
Discretionary and not automatic. Awarded based on need and ability to pay. Prenuptial waivers of alimony are considered void by Thai courts.
Is same-sex marriage now legal in Thailand?
Yes, since January 2025. Same-sex couples have identical rights to heterosexual couples, including marriage registration, inheritance, joint adoption, and community property.
What are the grounds for divorce in Thailand?
Uncontested: No grounds needed. Contested: Plaintiff must prove one of 12 grounds (Section 1516), such as adultery, desertion (>1 year), physical/mental harm, or voluntary separation (>3 years).
What is the cost of divorce proceedings in Thailand?
Uncontested: Minimal fees (THB 15k–50k for legal prep). Contested: 2% court filing fee on property claims plus legal fees (typically THB 100k–300k+).
What rights does an unmarried father have in Thailand?
None automatically. A child born to unmarried parents is legally the child of the mother only. The father must obtain legitimation via mother's consent, court order, or subsequent marriage.
Will my Thai divorce be recognised in my home country?
Depends on the home country. Most recognize it if validly obtained and fair. Administrative 'Amphur' divorces may face more scrutiny than court-ordered ones in some jurisdictions.