Marriage, Divorce, and Child Custody under Thai Law

Cross-cultural relationships are becoming more common in Thailand, with many

foreigners marrying Thai citizens. While love brings people together, it’s important

to understand the legal framework around marriage, divorce, and child custody.

The rules may differ from those in your home country, and without proper

preparation, couples can face challenges when dealing with the Thai legal system.

1. Marriage Registration in Thailand

Many couples believe a wedding ceremony alone makes a marriage legally valid

in Thailand. However, under Thai law:

▪ Only civil marriage registration at the district office (Amphur/Khet) creates

legal marriage rights.

▪ Religious or cultural ceremonies (Buddhist, Christian, etc.) may be

meaningful but are not legally binding unless registered.

▪ Foreigners usually need: passport, proof of single status, translated and

certified documents, and in some cases, an affidavit from their embassy.

Without official registration, couples may not have inheritance rights,

property rights, or spousal benefits under Thai law.2. Prenuptial Agreements – Why They Matter

▪ A prenuptial agreement (prenup) is highly recommended for cross-cultural

couples.

▪ It must be signed and registered at the same time as the marriage at the

district office.

▪ It sets out ownership of property, division of assets, and financial

responsibilities.

Without a prenup, Thai law assumes all assets acquired during the marriage are

marital property, which will be split equally in divorce.

A prenup protects both spouses, helps avoid disputes, and ensures financial

clarity.

3. Divorce in Thailand: Contested vs. Uncontested

There are two main types of divorce in Thailand:

▪ Uncontested Divorce

Also called “administrative divorce.”Takes place at the district office if both

spouses agree.

Fast, less costly, and requires mutual consent on property and child

arrangements.

▪ Contested Divorce▪ Filed in court when one spouse disagrees or disputes property/child

custody.

▪ Grounds include adultery, desertion, abuse, or separation.

▪ Court proceedings can take months or years, depending on complexity.

Foreign spouses should be aware that Thai courts follow local law, even if

different from your home country.

4. Child Custody and Parental Rights for Mixed Couples

Child custody in Thailand is referred to as “parental power” and includes

decision-making on residence, education, health, and property management of

the child.

Key points:

▪ If parents are married, both have equal custody rights.

▪ If parents are unmarried, the mother has sole custody unless the father

applies to court for parental rights.

▪ In divorce, custody may be shared or granted to one parent, depending on

the child’s best interests.

▪ Foreign parents may face restrictions in relocating a child abroad without

court approval.

Courts prioritize the welfare of the child over parental disputes.

Conclusion: Protecting Family Rights in Thailand

Foreigners entering marriage or facing divorce in Thailand should prepare legally,

not just emotionally. Best practices include:✔ Registering the marriage properly at the district office.

✔ Signing a prenuptial agreement before marriage.

✔ Seeking legal advice early in case of separation.

✔ Prioritizing children’s welfare in custody arrangements.

At Wendy Legal & Advisory, we assist foreign–Thai couples with marriage

registration, prenups, divorce representation, and custody matters. With the right

legal guidance, you can protect your family and avoid unnecessary disputes.