Marriage, divorce and family law
Thai family law is codified in the Civil and Commercial Code. A few of its rules — especially about prenups and marital property — work differently from Western systems, and the differences matter most when things go wrong.
Getting married
- A legal marriage is the one registered at the district office (amphur). A wedding ceremony alone has no legal effect.
- Foreigners typically need an affirmation of freedom to marry from their embassy, translated and legalised, before the amphur will register.
- Same-sex marriage became legal in Thailand in January 2025 — registration works through the same system.
Prenuptial agreements
A Thai prenup is only valid if it is in writing, signed before two witnesses, and registered at the amphur at the same time as the marriage. You cannot bolt one on later — post-nuptial changes need court approval. A well-drafted prenup lists each side’s pre-marriage property and sets rules for property acquired during the marriage.
Marital property: sin suan tua vs sin somros
- Sin suan tua (personal property): what each spouse owned before marriage, personal effects, and gifts/inheritances received personally.
- Sin somros (marital property): essentially what is earned or acquired during the marriage. On divorce it is divided equally in principle.
Divorce: two routes
- Administrative divorce at the amphur — both spouses agree, appear together, and can register the divorce with a settlement on property and children. Fast and cheap; only works with genuine agreement (and both must attend in person).
- Judicial divorce — one spouse sues in the Juvenile & Family Court on statutory grounds (adultery, desertion for a year, failure to maintain, and others). The court also decides property division, custody and child support.
Children
- A child born to an unmarried mother is in her sole custody by default; an unmarried father gains legal rights through legitimation (amphur registration with consent, or court order).
- Custody after divorce can be sole or shared; Thai courts decide by the child’s best interests.
- Child support is enforceable; agreements registered at the amphur or ordered by the court carry real teeth, and unpaid support can itself become a debt claim — see debt & loans.
Adoption
Adoption — including a step-parent adopting a spouse’s child from an earlier relationship — goes through the Department of Children and Youth and, ultimately, the court. It is a more involved process than legitimation, with welfare checks and consent requirements, and takes real planning time; it also creates full inheritance rights for the adopted child, so it is worth coordinating with any existing will (see inheritance).
Domestic violence and protection
The Domestic Violence Victim Protection Act allows a victim, or others acting on their behalf, to seek protective measures involving police and social-welfare officers alongside the courts. Where the conduct is also a criminal offence, a police report starts a separate track — see the criminal process. Free guidance is available through the channels listed in legal aid, including provincial justice offices and Damrongdhama complaint centres.
Living together without marrying
Thai law does not treat an unmarried couple’s relationship the way it treats a registered marriage — there is no automatic sharing of property built up together, and an unmarried partner is not a statutory heir on death (see inheritance) unless named in a will. Couples who choose not to marry, or cannot yet, can still protect each other with ordinary contract tools: a cohabitation or property agreement, joint ownership documented at purchase, and a will — none of which requires marriage to be valid.
Marriages and divorces that cross borders
A marriage validly performed abroad is generally recognised in Thailand once recorded with a Thai embassy or the amphur, which matters for property, inheritance and visa purposes. Equally, a divorce obtained abroad between a Thai national and a foreigner generally needs to be recorded with the Thai amphur, through the embassy legalisation chain, before Thai records — the marriage register, land documents, sometimes a passport — reflect the change. Skipping this step is a common cause of stalled property transfers or remarriage plans years later; see documents & translation for the legalisation chain involved.