Family Law in
Thailand
Wills and trusts ensure a smooth transfer of assets and property across generations. Protect yourself and your family’s future with a Thai will or Thai trust.
Child Custody
Child Custody Law in Thailand declare both lawful parents of a child have full custodial rights, unless a Thailand court order modifies these parental rights. Biological fathers that are not married to the biological mother do not have custodial rights unless warranted by a Thai court.
Divorce
Divorce and Prenuptial agreement (Prenup). Property in Thailand can be divided two ways: separate (Sin Suan Tua) and marital (Sin Somros). Thai law has a preference that all property between the married couple is marital property and not separate. After divorce, assets are typically split in half. Click here to learn which fits your case.
Marriage
Marrying in Thailand? You must be at least 17 years of age. Foreigners must have an affidavit from their home embassy attesting to their martial status (translated into Thai) and a copy of their passport.
Legal Parent
Thai law requires that a father seeking custody of a child must be a legal parent, as well as the biological parent in order to apply and to claim custody. However, Thai law considers biological mothers to automatically be a legal parent. Learn more here.
Divorce Process
Mutual consent must be registered in order to enact a divorce. According to section 1515 of Civil and Commercial Code, a husband and a wife must register their divorce at a district office. Two witnesses are required. In a case that both parties have signed their divorce agreement but one party doesn’t register his/her divorce, the other party is intitled to enforce a divorce by a court order.
Marriage for Foreigners
Most Ampurs, or district offices, require you obtain a notarized marriage/divorce affidavit from the foreigner’s national Embassy Bangkok, or Consulate General in Chiang Mai. Please note that a certified copy of your passport may be required. Learn more here.
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