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

1. 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).
2. 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.