Consequences of Marriage in Thailand
A marriage in Thailand will have legal consequences for you and your spouse. Such consequences (e.g. obligation of maintenance towards each other, legal relationship with children born, consequences for property you own) can be found in the Civil and Commercial Code of Thailand (ประมวลกฎหมายแพ่งและพาณิชย์), which is the main body of laws that deals with the legal consequences of Family and Marriage in Thailand.
Common Questions About Marriage in Thailand
What is personal property in a Thai marriage?
Personal property consists of:
- Property belonging to either spouse before marriage,
- Property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on a profession,
- Property acquired during marriage through a will or gift,
- Khongman.
What are the specific legal rights and duties resulting from a Thai marriage?
Thailand is a Civil Law country. Marriage and family are codified in the Civil Code. Topics include:
- Engagement (sections 1435 - 1447)
- Marriage conditions (sections 1448 - 1460)
- Relationship and property rights (sections 1461 - 1493)
- Divorce and termination (sections 1501 - 1535)
- Parental duties, guardianship, and inheritance (sections 1536 - 1755)
How is marital property created in a Thai marriage?
A marriage creates jointly owned marital property (Sin Somros)
. This includes:- Property acquired during marriage
- Gifts or inheritance explicitly declared as marital
- Fruits of personal property (see legal term)
Who manages marital assets in a Thai marriage?
Without a prenuptial agreement, both spouses must give joint consent for legal acts involving marital property.
See Property of Husband and Wife in the Civil Code (section 1474).
How to separate personal from marital assets in a Thai marriage?
Assets owned before marriage remain personal.
To ensure separation:
- List assets in a prenuptial agreement
- Maintain annual records of asset division
Yes, but such agreements may be voided if they alter marital property rights after marriage.
See Section 1469.
Is our home in Thailand marital property?
Usually not.
Land bought in a Thai spouse’s name is registered as personal property. Read more...Land Acquisition by Thai National Married to a Foreigner
How to buy real estate with a Thai spouse?
Property must be in the Thai spouse’s name.
Use:- A gift and loan declaration
- A usufruct agreement or Right of Habitation
- A will
Are prenuptial agreements recognized and enforceable in Thailand?
Yes, if in line with law and good morals.
Read more...benefits of a prenuptial agreementDoes making a prenuptial agreement in Thailand raise a red flag
or is it actually a wise financial decision?
A prenuptial agreement in Thailand is not necessarily a red flag, it’s often a practical way to protect personal assets and reduce future conflict.
While it cannot override Thai family law, it allows couples to define how assets are separated or managed. When approached openly, it shows transparency rather than mistrust.What is an international marriage?
Marriages between nationals of different countries are governed by multiple legal systems.
Seek legal advice in each jurisdiction.Can a foreign national marry a Thai in Thailand?
Yes. The marriage must be registered.
Foreigners need embassy documents translated and legalized (see further down this page).How to divorce in Thailand?
By mutual consent (an amicable or uncontested divorce) at the local Amphur or via court if contested.
Read more... Legal Grounds and Termination of MarriageIs a Buddhist marriage valid?
No. Only government-registered marriages are legally valid.
Is same-sex marriage recognized in Thailand?
Yes, since 2025 same-sex marriages are legally recognized in Thailand.
What is Khongman?
Khongman is a traditional Thai engagement gift given by the man to his fiancée as evidence of the intention to marry.
Under Thai law, it signifies a valid engagement and often consists of money or valuable items. The absence of Khongman may render the engagement invalid under Section 1437 of the Civil and Commercial Code.
What do I need to prepare for a marriage in Thailand, especially with a Thai national?
If you are a foreigner planning to marry a Thai national in Thailand, you will need to prepare several official documents.
These include:- Affirmation of marital status: A sworn statement from your embassy confirming you are free to marry.
- Translation and certification: This document must be translated into Thai and certified by the Ministry of Foreign Affairs in Thailand.
- Identification documents: Valid passports and, for the Thai national, a Thai ID card and house registration (Tabien Baan).
- Consent documents (if under age): Parental or legal guardian consent if one party is under the age of 20.
Disclaimer: This article is intended for general informational purposes only and does not constitute formal legal advice. The content is based on the Thai Civil and Commercial Code and reflects practical insights from a foreign legal consultant, with input and review by licensed Thai lawyers. Every situation is unique, for personalized legal guidance regarding marriage, property, or prenuptial agreements in Thailand, it is recommended to consult a qualified professional.