Family Law
Marriage, prenuptial agreements, divorce, child custody and support
Family work covers registering a Thai-foreign marriage and the supporting documents it requires, prenuptial agreements, divorce by mutual consent or by court judgment, custody and child support, legitimation of a child, and adoption. The firm handles Thai civil-registration documents and foreign documents in the same matter, because most delays come from the foreign side of the file.
Who this page is for
- Thai-foreign couples preparing documents for marriage registration
- Couples who want a prenuptial agreement covering property
- People seeking a divorce and an agreement on children and property
- Parents who need custody or child-support arrangements recorded properly
- Anyone dealing with legitimation of a child or an adoption
What the firm actually handles
- Document preparation for Thai-foreign marriage registration
- Drafting prenuptial agreements and recording them at registration
- Divorce by mutual consent, including the settlement record
- Contested divorce proceedings before the court
- Custody, visitation and child-support arrangements
- Legitimation of a child and adoption procedures
Matters clients bring us
- A foreign fiancé needs an affirmation of freedom to marry translated and legalised
- A couple wants property kept separate before marriage
- Both spouses agree to divorce and need the agreement drafted properly
- One spouse will not agree and the matter must go to court
- A father who was never married to the mother wants legal parental rights
- A Thai divorce judgment needs to be recognised abroad, or the reverse
Documents to bring to the first meeting
- Passports or ID cards of both parties
- House registration for the Thai party
- Affirmation of freedom to marry, or single-status certificate, for the foreign party
- Marriage certificate, for divorce or property matters
- Birth certificates of any children
- Existing agreements, foreign judgments or registry records relating to status
If some documents are missing, send what you have. The lawyer will tell you which office issues the remaining ones and which documents need certified translation before they can be used.
How the work proceeds
- 1Tell the team what outcome you need and in which country it must be valid
- 2We list the documents required on both the Thai and the foreign side
- 3We arrange translation, certification and legalisation where needed
- 4We draft the agreement, petition or registration documents
- 5We attend the district office or the court with you as required
- 6We confirm the registry record and prepare copies for use abroad
Pitfalls and common misunderstandings
The foreign document chain sets the timetable
Single-status affirmations, translations and legalisation each take their own time and differ by nationality. Booking a wedding date before that chain is confirmed is the most common source of last-minute problems.
A vague settlement record is hard to enforce
Divorce agreements that do not state amounts, payment dates, custody and visitation precisely often cannot be enforced later. Specific wording is what makes an agreement usable if the other side stops complying.
A foreign divorce does not update the Thai registry by itself
Until the foreign judgment has been translated, certified and recorded through the correct channel, Thai records may still show you as married, which affects later marriage, property and inheritance steps.
Divorce by mutual consent compared with divorce by court judgment
If both parties agree on every issue, registering the divorce at a district office is far simpler. Where children or property remain unresolved, the matter has to go through the court.
| Point | Divorce by mutual consent | Divorce by court judgment |
|---|---|---|
| Starting condition | Both parties consent and can attend to sign | One party does not consent, or statutory grounds are relied on |
| Where it happens | The district office that registers divorces | The court with jurisdiction |
| Main documents | Marriage certificate, ID or passport, house registration and the divorce settlement record | The same, plus evidence supporting the grounds and documents on children and property |
| Children | Custody, visitation and support must be stated clearly in the agreement | The court decides with the child's best interests as the guiding consideration |
| Watch out for | Wording that is too general to enforce later | Evidence that does not match the grounds relied on, and several hearing dates |
Where one spouse is foreign, check in advance what form of document their home country needs so the divorce is also effective there.
Hand the whole matter to the firm
The firm can handle the whole file: the Thai registry documents, the translations and legalisation of the foreign documents, the drafting, and attendance at the district office or the court. Family matters are treated as confidential lawyer-client work throughout.
Family Law: frequently asked questions
- What does a foreigner need to marry in Thailand?
- Usually an affirmation of freedom to marry issued by their embassy or home authority, translated into Thai with the translation certified and then legalised, plus a valid passport. The Thai party uses their ID card and house registration. The exact requirements vary by nationality, so confirm before booking a date.
- Are prenuptial agreements valid in Thailand?
- Yes, but the agreement must be made before the marriage is registered and recorded together with the marriage registration as the law requires. Its terms must not conflict with law or public order, so it is worth having it drafted and reviewed well before the registration date.
- Who owns property acquired before the marriage?
- Property owned before the marriage is in principle personal property, while property acquired during the marriage is generally marital property. The common problem is mixing personal funds into marital assets until they cannot be traced, so keep evidence of how each asset was acquired.
- Who will the children live with after a divorce?
- If the parents agree, the settlement record should state who exercises parental power, how visitation works and what support is paid. If they cannot agree, the court decides with the child's best interests as the guiding consideration rather than the parents' preferences.
- How is child support determined?
- It is assessed against the child's needs and the paying parent's ability to pay. The agreement should state the amount, the payment date, the payment method and how it may be adjusted in future, so that it can be enforced if payments stop.
- Does an unmarried father have rights over his child?
- Legitimation is needed first before full legal rights and duties arise. It can be done through the registry where the required consents exist, or through a court judgment where there is a dispute about paternity or consent.
- Can a Thai marriage certificate be used abroad?
- Generally it must be translated and certified in the form the receiving country requires. Some countries accept documents legalised through the Ministry of Foreign Affairs, others accept a form under a convention they are party to. Check with the receiving authority before starting.
- I divorced abroad. What do I need to do in Thailand?
- The foreign judgment or divorce record has to be translated and certified through the correct channel, then used to bring your Thai registry status into line. Without that step Thai records may still show the marriage as subsisting, which causes problems later.
Practice areas often handled together with this one
- Estates, Wills & Succession
Wills, estate administrators and transferring assets to heirs
- Notarial Services & International Documents
Notarial Services Attorney, certified translation and legalisation for use abroad
- Property & Real Estate
Title checks, sale and purchase, leases and condominium transfers
Speak with the lawyer responsible for Family Law
เล่าเรื่องหรือส่งภาพเอกสารมาให้ทีมงานตรวจเบื้องต้น ทนายจะแจ้งแนวทาง เอกสารที่ต้องใช้ กำหนดเวลาที่ต้องระวัง และค่าบริการเป็นลายลักษณ์อักษรก่อนเริ่มงาน