Thai marriage certificate issued by a district office in Thailand
Marriage Certificate

Thai Family Law
civil marriage in Thailand

Marriage in Thailand is governed by the Civil and Commercial Code book 5, sections 1435 to 1535. A marriage (section 1457) can take place only if the man and woman (who are at least 17 years old (with parental consent required if under 20)) agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar. Marriage in Thailand is created and completed on formal registration and inclusion in the government's marriage register.

  • Section 1457: Marriage under this code (civil and commercial code) shall be effected only on registration being made.
  • Section 1458: A marriage can take place only if the man and woman agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar.
  • continue with the relevant sections governing marriage (civil and commercial code)

Informal marriages (de-facto/ common law marriages)

De-facto informal marriages, common-law or Buddhist marriages or any religious marriage ceremony are not recognized as legal marriages under Thai civil law. Only officially registered marriages entered into the government´s marriage register are recognized as legal and valid marriages in Thailand and will create the rights, duties and responsibilities of husband and wife under Thai family laws.

Same sex marriages

Since January 2025, same-sex couples in Thailand can legally marry. Previously, Thai marriage law only recognized marriages between a man and a woman, and only opposite-sex couples could have their unions officially registered. This changed with the enactment of the Marriage Equality Act, which amended Section 1448 of the Civil and Commercial Code. The amendment replaced gender-specific terms such as "man and woman" with gender-neutral terms like "individuals," thereby granting same-sex couples the same legal right to marry.

As part of the 2025 legal reforms, same-sex married couples in Thailand are now legally allowed to adopt children together. This means they have the same rights as opposite-sex couples when it comes to joint adoption under Thai law.

Bigamy in Thailand

Bigamy in Thailand, or marrying one person while still legally married to another, is not permitted (civil law section 1452) and is a criminal offense under the Thailand penal code (criminal offence to knowingly making a false declaration).

Thai family law in the Civil Code

BOOK V TITLE I, MARRIAGE

BOOK V TITLE II PARENT AND CHILD

Foreigners who wish to marry a Thai national can do so legally in Thailand, but the marriage only becomes official once it is registered with the government and a marriage certificate is issued. The first step for a foreigner planning to marry in Thailand is to visit the website of their embassy or consulate for instructions on obtaining an Affidavit of Freedom to Marry. This document confirms that the person is legally free to marry. After obtaining the affidavit, it must be translated into Thai and then legalized by Thailand’s Ministry of Foreign Affairs. In addition, couples may consider preparing a prenuptial agreement as part of the required documents before registering the marriage.

A prenuptial agreement in Thailand helps protect the personal assets each partner brings into the marriage. It’s commonly used by expats to separate pre-marital property, such as overseas savings or real estate, from joint assets under Thai law.

It clearly lists personal property and may assign one spouse the right to manage certain joint marital assets, even if Thai law normally requires mutual consent. This can help prevent misunderstandings or disputes during the marriage or in case of divorce.

However, it cannot override Thailand’s Civil and Commercial Code. It cannot change the legal definition of marital property, nor cancel rights related to inheritance or family obligations. Terms that try to control assets acquired during the marriage may fall into a legal grey area and aren’t always enforceable.

In short, a Thai prenuptial agreement is a useful legal tool to document and protect personal property, but it works within but not outside the law.

Read more about prenuptial agreements in Thailand

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