Thai Family Law — A Legal Guide for Foreigners
Marriage, divorce, child custody, parental rights, prenuptial agreements, adoption, wills, and guardianship under Thai law — explained for foreign nationals, expats, and Thai–foreign families.
Last Updated: 2026-09-23 · 25 guides in this topic
Thai family law is governed by the Civil and Commercial Code and covers marriage, divorce, child custody, property division, inheritance, and personal protection. For foreign nationals married to Thai spouses or raising children in Thailand, understanding these laws is essential. This guide organises our family law articles into clear topics to help you find the information you need.
Marriage, Prenuptial & Divorce
5 guidesPrenuptial Agreement
What a prenup can and cannot include.
Read guidePrenuptial Agreement Lawyer
Drafting and registering a prenup.
Read guidePostnuptial Agreement
Post-marriage agreements, marital property, and foreign land limits.
Read guideMarriage Registration
Registering a marriage in Thailand.
Read guideSame-Sex Marriage in Thailand
Marriage equality, registration, property, inheritance, adoption, and divorce for foreign couples.
Read guideChild Custody, Parental Rights & Legitimation
14 guidesChild Custody After Divorce
Who gets custody after a divorce.
Read guideChild Support
How child support is determined and enforced.
Read guideBirth Certificates
Registration and rights of Thai–foreign children.
Read guideChild Legitimation
Establishing legal fatherhood.
Read guideLegal Father: Paternity & Legitimation
The three ways to establish legal paternity.
Read guideLegal Rights of an Unmarried Father
Paternity, custody, visitation, support, and travel for unmarried foreign fathers.
Read guideAdoption
Domestic and intercountry adoption.
Read guideInternational Child Abduction
Cross-border child removal and recovery.
Read guideHague Convention Child Abduction
The 1980 Hague Convention in Thailand — wrongful removal, retention, habitual residence, and exceptions.
Read guideChild Taken Abroad Without Consent
What parents can do when a child is taken from Thailand to another country without consent — Hague procedure, Central Authority, urgent court action.
Read guideForeign Court Custody Order in Thailand
Whether a foreign custody judgment is enforceable in Thailand, how it is used as evidence, and when separate Thai proceedings are needed.
Read guideChild Taken to Thailand Without Consent
What a left-behind parent can do when a child is brought to or retained in Thailand without consent — habitual residence, custody rights, Hague return, and Thai remedies.
Read guideTaking a Child Abroad After Divorce
Parental power and travel consent.
Read guideTraveling Abroad with a Thai Child
Departure screening and consent letters.
Read guideWills, Guardianship & Protection
6 guidesThai Will for Foreigners
Why foreigners with Thai assets may consider a Thai will.
Read guideForeign Will & Thai Assets
How a foreign will may affect assets in Thailand.
Read guideThai Will Guide
A practical guide to wills under Thai law.
Read guideGuardianship & Curatorship
Legal protection for incapacitated persons.
Read guideLegal Representative, Guardian & Curator
The distinct legal roles under Thai law.
Read guideDomestic Violence
Protective measures and legal remedies.
Read guideFrequently Asked Questions
Can a foreigner marry a Thai national in Thailand?
Yes. Foreign nationals can register a marriage in Thailand provided they meet the requirements, including an affidavit of freedom to marry from their embassy. The marriage must be registered at a local district office (amphur).
Is a prenuptial agreement valid in Thailand?
Yes. A prenuptial agreement is recognised under the Civil and Commercial Code if it is in writing, signed by both parties before marriage, witnessed by at least two people, and registered at the time of marriage registration.
Can a foreign father get custody of a child in Thailand?
Yes. Foreign fathers have the same legal right to seek custody as Thai parents. The court decides based on the best interests of the child. An unmarried father may need to establish legal paternity through legitimation first.
What is the difference between sin suan tua and sin somrot?
Sin suan tua is personal property (owned before marriage or received as a personal gift/inheritance). Sin somrot is marital property acquired during the marriage. Marital property is generally divided equally on divorce, while personal property remains with the original owner.
The information provided on this website is for general informational purposes only and does not constitute legal advice. Legal rights, procedures, and outcomes depend on the specific facts and circumstances of each matter. References to international or cross-border matters do not constitute advice on foreign law unless expressly stated. Please consult a qualified Thai lawyer for advice specific to your situation.