Civil and Commercial Code
Book V: marriage, marital property, divorce, parental power and maintenance.
Practice area
Family & Succession
Marriage, divorce, custody, wills and estate administration
Family and succession work handled with both legal and personal care: cross-border marriage registration, prenuptial agreements, divorce, custody, adoption, wills and appointment of estate administrators.
What this practice covers
- Thai-foreign marriage registration and embassy affirmations
- Prenuptial agreements and marital property arrangements
- Administrative divorce and divorce by court judgment
- Custody, child maintenance and legitimation
- Domestic and inter-country adoption
- Wills, estate administrators and distribution including overseas assets
How we work on your matter
- 1Understand the family situation and the client’s goals
- 2Verify legal status and civil-registration documents
- 3Present the least adversarial workable option first
- 4Prepare documents, with translation and legalisation for cross-border matters
- 5File with the district office, embassy or Juvenile and Family Court
Documents to prepare
- ID card and house registration, or passport
- Affirmation of freedom to marry from the embassy for a foreign spouse
- Marriage, divorce or death certificates as relevant
- Children’s birth certificates for custody and maintenance matters
- Schedule of estate assets and ownership documents
Points to watch
- Foreign documents must be translated and legalised before the district office appointment or they will be refused.
- A prenuptial agreement must be recorded at the time of marriage registration; it cannot be added later.
- A will that fails the statutory formalities is void, however clear the intention.
Typical timeframe
Marriage registration completes in one appointment when documents are ready; contested divorce or succession cases take many months or longer.
Timeframes are indicative only and depend on the authority, the court calendar and the completeness of your documents.
Cross-national marriage in Thailand: what to prepare in advance
A foreign national marrying in Thailand needs an affirmation of freedom to marry from their embassy in Thailand, translated into Thai and legalised at the Department of Consular Affairs before submission at the district office. Some embassies require appointments weeks in advance.
The district-office registration itself completes in a day when documents are complete, but preparation often takes weeks — particularly the embassy affirmation and consular legalisation. We sequence the steps and appointments so everything connects.
A prenuptial agreement intended to be effective in Thailand must be in writing and registered with the marriage at the district office — a later or separate agreement has no binding effect under Thai law. Where the couple holds assets in several countries, lawyers in both jurisdictions should review it together.
Cross-border succession: when the deceased held assets in Thailand
When a deceased person — Thai or foreign — held assets in Thailand, the Thai estate must be administered under Thai law. Heirs or an executor named in a will must first obtain a court order appointing the estate administrator before transferring property, closing bank accounts or selling real estate.
A will made abroad can be effective in Thailand if valid under the law where it was made, but it must be translated into Thai and certified through the proper chain. In practice, a separate Thai will covering Thai assets makes administration considerably faster and simpler.
Thai inheritance tax applies above statutory thresholds, at different rates for natural heirs and other beneficiaries. Advance planning — such as structuring how assets are held — reduces the burden and complexity for beneficiaries. We advise together with tax counsel in each case.
Laws that govern this matter
Summarised for general understanding only. The application of each provision depends on the facts of your case.
Juvenile and Family Court Act B.E. 2553 (2010)
Sets family court jurisdiction, centred on the best interests of the child.
Family Registration Act B.E. 2478 (1935)
Governs registration of marriage, divorce and legitimation at the district office.
Example situations and how they are handled
These are constructed examples used to explain procedure. They are not client matters, and no outcome is implied or guaranteed.
Illustrative scenario: consensual divorce with a foreign spouse
Situation: Both parties agree to divorce but need the outcome recognised abroad.
Usual approach: Plan documents from the start: child and property terms, registration of the divorce, and certification/translation for overseas use. (Hypothetical.)
Advice for your specific situation
Spouses with children
- Spell out custody, residence, contact and maintenance to reduce later disputes.
- Agreements not properly registered or formalised can be hard to enforce.
Foreigners married in Thailand
- Check how your home country recognises a Thai marriage or divorce and what certification it requires.
- Marital status affects visas and residence — plan both together.
Every matter — what to do in the first 7 days
- Gather every original document in one place, keep scanned copies, and note the date you received each one.
- Write a dated timeline — the date you received a notice or learned of the event usually starts the limitation or appeal clock.
- Do not sign a settlement, debt acknowledgement or withdrawal before a lawyer reviews it — it may extinguish existing rights.
- Preserve digital evidence unaltered (full screenshots, original files, emails with headers) — edited files are easy to challenge.
Official sources you can check
Rules and fees change. Confirm current requirements with the responsible authority before filing.
This service in your province
Province pages set out the courts and authorities with jurisdiction locally, and answer the questions people in that area ask.
Family & Succession — BangkokFamily & Succession — Chiang MaiFamily & Succession — PhuketFamily & Succession — ChonburiFamily & Succession — Khon KaenFamily & Succession — Udon ThaniFamily & Succession — Nakhon RatchasimaFamily & Succession — SongkhlaFamily & Succession — Surat ThaniFamily & Succession — Chiang RaiFamily & Succession — RayongFamily & Succession — Nonthaburi
Frequently asked questions
What must a foreign spouse prepare before registering a marriage?
Usually an affirmation of freedom to marry from their embassy, translated into Thai and legalised at the Department of Consular Affairs before filing at the district office.
How does administrative divorce differ from court divorce?
Administrative divorce requires mutual consent and a Thai-registered marriage; otherwise the matter goes to the Juvenile and Family Court.
Related services
Other practice areas
Litigation & Court RepresentationCivil, criminal, labour, family, succession and land disputesCorporate & CommercialIncorporation, contracts, foreign business, BOI and complianceImmigration & Foreign NationalsVisas, work permits, residency and lawful statusIntellectual PropertyTrademarks, copyright, patents and enforcementLand & Real EstateTitle due diligence, sale, lease and transfer at the Land OfficeMediation, Arbitration & EnforcementResolving disputes outside court and making awards effectiveNotarial Services & International DocumentsSignature and document certification, translation, consular and embassy legalisationBOI Promotion & Foreign Business LicensingStructuring foreign investment in Thailand correctly from day one.Tax, Accounting & Employer ComplianceKeeping every statutory tax and accounting deadline under control.PDPA & Data Protection ComplianceBuilding data protection practices that match Thailand’s PDPA.Condominium & Foreign Property OwnershipChecking title, documents and transfer before a major payment is made.Employment & Labour LawAdvising employers and employees under the Labour Protection Act.Integrated Legal Support ServicesInterpreters, documents, agency runs and case tracking in one place.Judgment Enforcement & Asset TracingTurning a judgment into actual recovery through lawful tracing, seizure and attachment.M&A & Legal Due DiligenceChecking what you are buying and structuring the deal so it can actually close.Administrative Law & Appeals Against State DecisionsChallenging unfair administrative decisions through the correct procedure and deadlines.Cybercrime, Online Fraud & Asset RecoveryActing quickly when money is transferred by deception or rights are violated online.Company Secretarial & Corporate RegistrationsKeeping registrations, meetings and statutory records complete and on time.Wills, Succession & Estate AdministrationDrafting wills that hold up, and administering estates correctly under Thai law.Monthly Retainer Counsel for Businesses & ExpatriatesA standing legal team that knows your business, without hiring in-house staff.
Speak with an attorney about your matter
Tell us the facts and we will explain the options, the documents required and the realistic timeframe before you decide.