By Barrister Garn T., practicing since 2010 · Last reviewed: 7 October 2026
Family matters in Thailand are decided under the Thai Civil and Commercial Code (Book V, Family) and, when disputed, by the Juvenile and Family Court. Proceedings, documents and registrations are in Thai. Siam Center Law Group helps foreigners, expats and Thai–foreign couples handle divorce, child custody, prenuptial agreements and marriage registration with clear English explanations at every step.
In short: We advise on and represent clients in Thai divorce (district office or court), child custody and parental power, legitimation of children, prenuptial agreements, marriage registration for foreigners, and marital property division — in English and Thai, from our Bangkok office.
Family Law Services We Provide
Divorce in Thailand for Foreigners
Thai law recognises two routes:
- Divorce by mutual consent — registered at a district office (amphur/khet) when both spouses agree and attend. A written divorce agreement covering property, children and support should be settled first, ideally bilingual.
- Divorce by court judgment — when one spouse does not agree, a case is filed on a ground listed in the Civil and Commercial Code (for example separation, desertion, adultery or serious misconduct). The court also decides property, custody and support.
A foreign spouse should also consider whether a Thai divorce will be recognised in their home country and how it affects a marriage-based visa. Related reading: Divorce with a foreign spouse in Thailand, Divorce procedure in Thailand, Marriage visa revocation appeals.
Child Custody, Parental Power and Child Support
Thai law uses the concept of parental power (amnaj pokkrong). After divorce, the parents may agree who exercises it, or the court decides based on the child’s best interests. Child support can be agreed or ordered and later varied if circumstances change.
An important point for foreign fathers: if the parents were never legally married in Thailand, the father does not automatically hold parental power and may need legitimation by registration or by court order. Related reading: Child custody in Thailand — legal factors, Child legitimation in Thailand, Sued for child support.
Prenuptial Agreements (Prenups) in Thailand
A Thai prenuptial agreement must be made before the marriage is registered, in writing, signed by both parties and two witnesses, and recorded in the marriage register at the time of registration. Otherwise it is void. It can define personal property (sin suan tua) and marital property (sin somros), and how each is managed. A prenup cannot override mandatory Thai law, and changes after marriage generally require court permission. For couples with assets abroad, the agreement should be drafted with foreign enforceability in mind.
Related reading: Separate vs marital property in Thailand, Marital property vs personal property.
Marriage Registration for Foreigners
A marriage is legally valid in Thailand only when registered at a district office. A foreign partner usually needs a passport and an affirmation of freedom to marry issued by their embassy, translated into Thai and legalised by the Ministry of Foreign Affairs. We help you prepare documents, translations and, where wanted, a prenup to be registered on the same day. Related reading: Marriage registration in Thailand.
Marital Property, Spousal Support and Adultery Claims
We advise on dividing marital property, recovering assets placed in another person’s name, spousal maintenance, and compensation claims for adultery under Thai law. Related reading: Spousal maintenance after divorce, Reclaiming property in another person’s name, Adultery lawsuits under Thailand’s new law.
Why Foreign Clients Choose Siam Center Law Group
- English-speaking counsel who explain Thai procedure in plain language, with Thai-language court work handled in-house.
- Litigation experience since 2010 in Thai courts, including the Juvenile and Family Court.
- International perspective — we think about visas, foreign recognition of Thai judgments and assets abroad, not only the Thai file.
- Bangkok office with consultations in person, by phone, LINE or WhatsApp.
Every case depends on its own facts and evidence; we give honest assessments, not guaranteed results.
How the Process Works
- Initial consultation — tell us your situation; we explain your options under Thai law.
- Document review and strategy — marriage certificates, birth certificates, property records, translations.
- Agreement or filing — negotiate and draft a bilingual agreement, or prepare and file a court case.
- Registration or hearing — we attend the district office or represent you in court.
- Follow-through — registration of results, enforcement and related visa or property steps.
Frequently Asked Questions
Can a foreigner get divorced in Thailand?
Yes. If the marriage was registered in Thailand, a foreigner can divorce at a Thai district office by mutual consent when both spouses attend, or through the Thai court if one spouse does not agree. A marriage registered abroad is usually ended through the Thai court.
How long does a divorce take in Thailand?
An uncontested divorce at a district office can often be registered in a single visit once the agreement and documents are ready. A contested court divorce takes longer, depending on the court schedule, evidence and whether the other side responds.
Who gets custody of a child after divorce in Thailand?
The parents may agree who exercises parental power. If they cannot agree, the Juvenile and Family Court decides based on the child’s best interests, considering factors such as care history, stability and the child’s welfare.
Does an unmarried foreign father have parental rights in Thailand?
Not automatically. If the father was not legally married to the mother in Thailand, he generally must legitimate the child by registration with the mother’s and child’s consent, or by court order, before he holds parental power.
Is a prenuptial agreement valid in Thailand?
Yes, if it is made in writing before the marriage, signed by both parties and two witnesses, and recorded in the marriage register when the marriage is registered. An agreement that misses these formalities is void under Thai law.
What documents does a foreigner need to marry in Thailand?
Usually a passport and an affirmation of freedom to marry from the foreigner’s embassy, translated into Thai and legalised by the Thai Ministry of Foreign Affairs. Divorced or widowed applicants may also need proof that the previous marriage ended.
Do I need to be in Thailand for my case?
For a district-office divorce or marriage, both spouses must normally attend in person. For court cases, a lawyer can represent you, although your testimony may be required at certain hearings.
Speak With an English-Speaking Family Lawyer in Bangkok
Tell us what is happening and we will explain your options under Thai law.
- Phone: 02 097 0477 (from abroad: +66 2 097 0477)
- WhatsApp: +66 86 565 1791
- LINE: garn77
- Online: Contact us
This page provides general information on Thai law and is not legal advice for your specific situation.