Family law disputes are rarely just legal matters. They are personal, emotional, and carry consequences that can last a lifetime. Understanding your legal rights and options from the very beginning is essential. We provide the services are as follows:
- Marriage Registration in Thailand
Marriage registration in Thailand is available to both Thai nationals and foreign nationals, and is conducted at the district office (Amphur). We provide full assistance throughout the process, including:
- Preparation and verification of all required documents
- Translation and certification of foreign documents
- Liaison with embassies and consulates
- Certification of marriage documents for use abroad
- Prenuptial Agreement
(Civil and Commercial Code, Sections 1465–1469)
A prenuptial agreement is one of the most effective legal tools available for protecting your assets and clearly defining the rights and obligations of each party before entering into marriage, particularly for those with pre-existing assets, business interests, or investments.
Key requirements:
- Must be made in writing and signed by both parties in the presence of two witnesses
- Must be registered at the same time as the marriage registration. It cannot be made after marriage (Section 1466)
- Must not conflict with laws or public order (Section 1465)
A properly drafted prenuptial agreement clearly establishes what constitutes personal property for each party and how assets will be managed in the event of divorce, significantly reducing the potential for future disputes.
- Divorce in Thailand
Thai law provides for two forms of divorce:
- Divorce by Mutual Consent (Section 1514) Where both parties agree to divorce, the process can be completed at the district office within a single day. However, it is strongly advisable to prepare a comprehensive divorce agreement addressing asset division, child custody, child maintenance, and spousal support before proceeding.
- Divorce by Court Judgment (Section 1516) Where one party refuses to consent, or where there are unresolved disputes, the matter must be brought before the court. Grounds for divorce under Thai law include: adultery, desertion, abuse, and other grounds as specified under Section 1516. Court proceedings may take several months to years depending on the complexity of the case.
- Child Custody
(Civil and Commercial Code, Sections 1520, 1521)
Upon divorce, parental authority does not automatically transfer to either parent. The court will determine custody based on the best interests of the child, taking into account:
- Stability and living environment
- Financial capacity and ability to provide care
- The bond between the child and each parent
- The wishes of the child, depending on age and maturity
- The overall health and wellbeing of the child
For foreign nationals: Cross-border custody disputes carry significant additional complexity, particularly where one party seeks to relocate the child outside of Thailand, which requires either the consent of the other parent or a court order.
- Division of Marital Assets
Thai law distinguishes between two categories of property:
- Personal Property (Section 1471) Property owned by either party prior to marriage, or acquired during marriage by inheritance or gift. Personal property is not subject to division upon divorce.
- Marital Property (Section 1474) Property acquired during the marriage. Upon divorce, marital property is generally divided equally between both parties (Section 1533).
Important: Where there is insufficient evidence to establish that an asset is personal property, it may be presumed to be marital property and subject to division (Section 1475). Proper documentation from the outset is essential.
- Wills & Estate Administration
(Civil and Commercial Code, Sections 1646–1755)
Proper estate planning is one of the most important legal steps any individual can take, particularly foreign nationals holding property or assets in Thailand. In the absence of a valid Will, the distribution of your estate will be governed by Thai statutory succession law (Section 1629), which may not align with your intentions. Upon death, your heirs will be required to petition the court for the appointment of an estate administrator before any assets can be managed or distributed.
Our services include:
- Drafting Wills that comply with Thai legal requirements, in both English and Thai
- Filing applications for the appointment of an estate administrator
- Managing the distribution of estate assets in accordance with the Will or Thai succession law
- Advising on cross-border estate matters
