Thai family law
laws in Thailand for foreigners

Family law covers areas like marriage, divorce, property of husband and wife, adoption, parentage, succession. The core collection of family laws in Thailand can be found in Book 5 of the Thailand civil code. Book 5 of the civil code is intended to systematically and comprehensively deal with all areas of Family Law in Thailand. Book 6 of the civil code deals with succession and inheritance.

Thai Civil and Commercial Code

Family law in Thailand is codified rather than judge-made. However, courts and independent judges retain some discretion in interpreting words and provisions of the Civil Code, unless the Supreme Court of Thailand (the highest court) has established specific rules of interpretation or determined the exact legal meaning of particular terms or provisions. Supreme Court judgments have binding authority and clarify the meaning of certain elements, sections, or terms contained in written law. This means that marriage under Thai law is primarily governed by the Civil Code. To understand the legal responsibilities of husband and wife, as well as the financial consequences of formal marriage in Thailand, one should read the relevant sections of the Civil Code. It should, however, be noted that certain principles and provisions of the Code may be further clarified or interpreted by the Supreme Court of Thailand. For example, prenuptial agreements are recognized and enforceable under Thai law (Book 5, Title 1, Chapter 4: “Property of Husband and Wife”). However, the law (Section 1465) also provides that a prenuptial agreement may not contain clauses contrary to public order or good morals. For example, Supreme Court Decision No. 1885-2541 held that a waiver of maintenance in a prenuptial agreement is generally void under Section 1465.

Public order and good morals
Under Thai law the concepts “public order” and “good morals” are general legal principles found throughout the Civil and Commercial Code. Section 150 of the Civil and Commercial Code provides that a juristic act is void if its object is contrary to public order or good morals. In the context of prenuptial agreements this means that Thai courts may set aside clauses considered unfair, unlawful, or contrary to accepted legal and social principles in Thailand.

FAMILY LAW (CIVIL LAW BOOK V TABLE OF CONTENTS)

• Title I, Marriage

  • Part I Betrothal Sections 1435 - 1447 (Engagement)
  • Part II Conditions of Marriage Sections 1448 - 1460
  • Part III Relationship of Husband and Wife Sections 1461 - 1464
  • Part IV Property of Husband and Wife Sections 1465 - 1493 (personal and marital assets)
  • Part V Void of Marriage Sections 1494 - 1500 (annulment)
  • Part VI Termination of Marriage Sections 1501 - 1535 (divorce and death)

• Title II, Parent and Child

  • Part I Parentage Sections 1536 - 1560
  • Part II Rights and Duties Parent and Child Sections 1561 - 1584
  • Part III Guardianship Sections 1585 - 1598/18
  • Part IV Adoption Sections 1598/19 - 1598/37
  • Part V Maintenance Sections 1598/38 - 1598/40

INHERITANCE LAW (CIVIL LAW BOOK VI TABLE OF CONTENTS)

• Book VI Succession and Inheritance law

  • Title I Devolution of an Estate Sections 1599 -1603
  • Title II Heirship in Thailand Sections 1604 - 1607
  • Title III Disinheritance Section 1608 -1609
  • Title IV Renuncation of an Estate and Miscellaneous Provisions Sections 1610 - 1619
  • Statutory Right of Inheritance Sections 1620 - 1628
  • Division into Portions Between Several Classes and Degrees of Statutory Heirs Sections 1629 - 1631
  • Division into Shares Between the Statutory Heirs in Each Class and Degree Sections 1632 - 1634
  • Spouses Sections 1635 - 1638
  • Representation for the Purpose of Reveiving Inheritance Sections 1639 - 1645
  • Wills Sections 1646 - 1654 (last will or testament)
  • Forms of Wills Sections 1655 - 1672
  • Effects and Interpretation of Wills Sections 1673 - 1685
  • Wills with the appointment of Controller of Property Sections 1686 - 1692
  • Revocation and Lapse of a Will or Clause in a Will Sections 1693 - 1699
  • Nullity of a Will or of Clause in a Will Sections 1700 - 1710
  • Administration of an Estate Sections 1711 -1733
  • Realization of Assets, Payment of Debts and Distribution of an Estate Sections 1734 - 1744
  • Partition of an Estate Sections 1745 - 1752
  • Vacant Estates Sections 1753 - 1753
  • Prescription Sections 1754 - 1755

Marriage Certificate

Thai marriage registration in Thailand

Foreigners who want to formalize their relationship with a Thai national can enter into a civil marriage which is effected upon registration of the marriage being made in the Thai government's marriage registers. Before the marriage in Thailand can take place the foreigner must obtain certain documents (e.g. affirmation of marital status or 'affidavit of freedom to get married') from his/ her consulate or embassy in Thailand and have these translated to Thai by a licensed translator and then legalized by the legalization division at the Ministry of Foreign Affairs of Thailand. An officially registered marriage with the Thai authorities will be recognized as a valid marriage in most other countries. Most foreign embassies in Thailand offer practical information about marriage and the marriage procedure in Thailand and issue official documents required for registration of the marriage. Visit your embassy's website:

• Deutsche Botschaft
• British Embassy
• US Embassy
• Nederlandse Ambassade
• Sveriges Ambassa Bangkok
• More embassies

Divorce Certificate

Registration of a Prenuptial Agreement in Thailand

Under Thai law a prenuptial agreement must be made in writing and registered simultaneously with the marriage registration at the district office (amphur/khet). The prenuptial agreement is attached to, or its details are entered into, the official marriage registration record (Kor Ror 2). A prenuptial agreement that is not registered together with the marriage is void pursuant to section 1466 of the Civil and Commercial Code. Read more: How to Register a Prenuptial Agreement in Thailand...

Registration of a foreign marriage in Thailand

A foreign marriage can also be registered in Thailand. When a marriage between a Thai national and a foreigner has already been legally performed abroad, the Thai spouse may report the foreign marriage to the local district office (amphur) in Thailand. Upon registration the district office may issue a Kor Ror 22 marriage registration document as evidence that the foreign marriage has been recorded in the Thai civil registry. Supporting documents such as the foreign marriage certificate, certified translations, and legalization documents may be required depending on the country where the marriage was concluded and the practices of the local district office.

Divorce in Thailand

If a married couple wants to divorce and formally terminate their marriage in Thailand this could be done in person by both spouses jointly based on mutual consent through simple divorce procedure at the local municipality (uncontested divorce), or, in case to couple cannot agree on the terms of the marital dissolution this can be done through a more complicated court procedure based on the grounds given in the civil code which requires the involvement of a lawyer to represent you in a court. The primary source of Thai divorce law is the civil code book 5, title 1, part 6 'termination of marriage' translation or introduction to divorce in Thailand.

Registratie of a foreign divorce in Thailand

A foreign divorce may also be recorded in the Thai civil registration system where the foreign marriage had previously been recorded in Thailand. In practice, the foreign divorce certificate or divorce judgment must generally be translated and legalized before submission to the district office (amphur/khet) in Thailand. The Thai registrar may then record the foreign divorce in the family-status register (Kor Ror 22) maintained by the Department of Provincial Administration (DOPA). Official divorce registration records within the Thai family registration system are recorded on form Kor Ror 6 (คร.6).

Visa and Immigration matters in Thailand

In most cases foreigners do not need assistance to obtain a visa and/ or followed by a 'permission to stay' in Thailand (e.g. marriage visa, retirement visa). An entry visa (tourist, non-immigrant visa) must be obtained from a consulate or embassy outside Thailand, then, after arrival in Thailand, and if the foreigner meets the requirements, permission for a long term stay can be applied inside Thailand at the local immigration office (apply outside, upgrade your visa stay inside Thailand). Websites of Thai embassies or consulates or the Thai Ministry of Foreign Affairs offers a source of information for visa matters. For more information visit:

Other related:

• The Thai Immigration Bureau (click on the English section)
• Ministry of Foreign Affairs (English section)
• Asean Now Visa Forum (English language expat forum)

Family law related

• Marriage in Thailand
• Prenuptial in Thailand
• Marriage Equality Act B.E. 2567 (2025)
• Divorce in Thailand
• Inheritance in Thailand
• Power of Attorney
• Land ownership by a Thai national married to a foreigner

Related downloads:

• Prenuptial agreement (Template Download)
• Last Will and Testament template
• Living Will - Health Care Directive (paid download)
• Thai English Divorce Agreement

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