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Family, divorce and inheritance

A marriage registered in Thailand ends under Thai rules, and those rules rarely match what either spouse expected.

Most cross-border family matters we handle begin with a document problem rather than a legal one. A couple married at a district office and never recorded a property agreement. A father wants to take a child abroad and finds that his name on a birth certificate did not give him parental power. A widow discovers that the condominium her husband bought passes through a probate court before anyone can sign a transfer. Each of those has a defined route through Thai procedure, and each becomes harder once the parties start signing things without knowing what they are.

Short answer

Where both spouses agree, a marriage registered in Thailand can be dissolved at a district office on the same day, provided both attend with identification and a written settlement covering property, children and maintenance. Where one spouse refuses, the case goes to the Family Court on statutory grounds, and the judgment addresses custody, parental power and division of marital property. Assets acquired during the marriage are in principle divided equally; assets owned beforehand or received by gift or inheritance stay separate. Parental power over a child born outside marriage sits with the mother until the father legitimises the child or the court orders otherwise. Thai immovable property of a deceased person is distributed through a Thai probate court, which appoints an administrator before any transfer can be registered.

Two very different routes to a divorce

The administrative route is fast because it is purely consensual. Both spouses appear at a district office with passports or identity cards, the marriage registration and two witnesses, and register the dissolution together with an agreement on property, on which parent holds parental power, and on maintenance. It is the cheapest and quietest option, and its weakness is exactly its strength: whatever the agreement says becomes the settlement, so an agreement drafted in a hurry to end an argument tends to be litigated later. We draft the settlement before either party goes anywhere near the district office.

The contested route runs through the Family and Juvenile Court on statutory grounds — desertion, serious misconduct, harm to body or mind, three years of separation, imprisonment and others. The court hears evidence, and it decides the ancillary questions the spouses could not settle. Foreign spouses often underestimate how much of the outcome depends on documentary discipline: transfer records, remittance histories, chat logs, school records and, in property disputes, the paper trail showing where the purchase money came from.

There is also a recognition question that catches people who divorced abroad. A foreign divorce judgment does not automatically appear in the Thai registration record, and until the record reflects reality, a party may still be treated as married for registration purposes in Thailand. Where a spouse intends to remarry here or deal with Thai property, we address the recognition step early rather than after a registrar refuses.

Property, prenuptial agreements and the money question

Thai law separates personal property from marital property. What each spouse brought into the marriage, and what came to them by inheritance or personal gift, remains theirs; what was earned or acquired during the marriage is in principle shared and divided equally on dissolution. The difficulty is proof. Money that arrived from abroad, went through a spouse's account and was spent on a house registered in a family member's name produces a claim that needs bank records, not recollection.

A prenuptial agreement is enforceable in Thailand only when it is recorded with the marriage registration at the time of marriage, in the presence of witnesses. A document signed after the wedding, or signed abroad and never recorded here, does not carry the same effect. Couples planning to marry in Thailand who want to depart from the default sharing rules must therefore prepare the agreement before the registration date, not afterwards.

Maintenance is decided by need and capacity rather than by formula. Child support looks at the child's actual costs — schooling, health, housing — and at each parent's real income, and it can be revisited when circumstances change. Spousal maintenance is narrower and depends on the grounds and conduct found by the court. Where a paying parent lives abroad, we build the order so that it can be enforced against something: a Thai account, rental income, or an asset that cannot be moved.

Children, parental power and cross-border movement

Parental power is the concept that matters, not the loose word custody. For a child born to married parents, both hold it. For a child born outside marriage, the mother holds it alone, and the father acquires it by legitimation with the mother's and child's consent at a district office, or by court order, or by a later marriage. Until then, a father's name on a birth certificate does not let him consent to a passport application or to relocation.

Relocation disputes are the most time-sensitive matters we see. Taking a child out of Thailand without the consent of the parent who holds parental power creates both an immigration problem and a civil one, and the Thai courts treat unilateral removal as a serious factor when they later decide arrangements. Thailand is a party to the Hague Convention on the civil aspects of international child abduction, so a wrongful removal can trigger a return process rather than a fresh custody hearing in the new country.

Practical arrangements survive better than principled ones. Orders and agreements that name school terms, handover locations, travel consent mechanics and a method for changing the schedule are the ones that stop producing new disputes. We also record how the child's documents are held, because a passport in one parent's drawer is a recurring cause of missed travel and new applications.

Inheritance of Thai assets and the probate step

When a person dies owning immovable property or bank deposits in Thailand, the heirs cannot simply present a death certificate and sign a transfer. The Civil and Commercial Code sets out classes of statutory heirs and the spouse's share alongside them, and a Thai court appoints an estate administrator who then deals with the Land Office and the banks. Even an uncontested estate needs that appointment, and the application requires proof of the family relationships in a form a Thai court accepts, which for foreign families usually means legalised and translated civil records.

A will helps, but only if it is valid in form. Thai law recognises several forms, including a will made in writing with witnesses and one made before a district officer. A foreign will can govern Thai assets, though in practice it must be proved and translated, and any doubt about capacity, revocation or a later document turns an administrative filing into a contested case. Where a client holds assets in more than one country, we align the Thai document with the foreign one so that neither revokes the other by accident.

Two structural questions deserve attention while the owner is alive. First, foreign heirs of land cannot generally hold that land indefinitely and may face a disposal requirement, so the estate plan should decide what is meant to happen rather than leaving heirs with an asset they cannot keep. Second, condominium ownership, leasehold rights, company shares and usufructs each pass differently, and a plan that treats them as one pool produces surprises for the people left behind.

How the work runs, step by step

  1. Step 1

    Facts and document audit

    Marriage and birth records, identification, property titles, account statements and any agreement already signed. We identify what is missing before advising.

  2. Step 2

    Route selection

    District office dissolution, negotiated settlement, mediation or Family Court filing — chosen on evidence and on where the assets and the child actually are.

  3. Step 3

    Settlement drafting

    Bilingual agreement covering property division, parental power, maintenance, travel consent and how the terms can be varied later.

  4. Step 4

    Filing, hearings or registration

    Court filing with certified translations where needed, or attendance at the district office; interim protection where a child or asset is at risk.

  5. Step 5

    Implementation

    Registration of the dissolution, Land Office transfers, updating the civil record, and enforcement steps where a party stops complying.

What you send us

  • Marriage registration and, where the marriage was abroad, the foreign certificate with legalisation and Thai translation.
  • Passports or identity cards of both spouses and the children's birth certificates.
  • House registration record for the family home, where one exists.
  • Title documents for land or condominium units, and share registers for company-held assets.
  • Bank statements and remittance records covering the purchase of any disputed asset.
  • Any prenuptial agreement, settlement draft or foreign court order already in existence.
  • For estates: the death certificate, family records proving the heirs, and any will.

Where things usually go wrong

Signing a settlement to end the argument

The district office registers whatever the parties bring. A settlement that omits a pension, a company shareholding or the mechanics of travel consent is the settlement, and reopening it means litigation.

Assuming a foreign prenuptial agreement applies

Enforceability in Thailand depends on recording the agreement with the marriage registration at the time of marriage. Signed later, it does not displace the default sharing rules.

A father relying on the birth certificate

Without legitimation or a court order, parental power over a child born outside marriage rests with the mother, which affects passports, schooling consent and relocation.

Moving a child first and negotiating afterwards

Unilateral removal can trigger a Hague return process and weighs heavily against the removing parent in any later Thai hearing.

Treating Thai assets as transferable on a death certificate

Land Offices and banks act on a court-appointed administrator. Heirs who wait until a sale is agreed lose months to the appointment process.

Government fees and professional fees, separated

The ranges below reflect what our own files cost so you can budget before committing. An itemised quote is issued before work begins.

ItemOfficial feeOur feeNote
District office divorce registrationSmall statutory registration charge set by the district officeQuoted for the settlement agreement and attendanceBoth spouses must attend in person; a power of attorney is not accepted for the registration itself.
Family Court filingCourt fees fixed by the Civil Procedure Code schedule, with property claims charged on valueQuoted by stageFee exemption or reduction can be applied for where a party cannot pay.
Estate administrator appointmentCourt filing fee plus publication and certified copy chargesQuoted per estateRequired before the Land Office or a bank will act, even in an uncontested estate.
Certified translation and legalisation of foreign recordsConsular and departmental charges per documentQuoted per document setForeign civil records are normally required in legalised and translated form.

Questions foreign clients actually ask us

Can we divorce in Thailand if we married in another country?
Yes, where the Thai court has jurisdiction over the parties, though the foreign marriage must first be proved with a legalised certificate and Thai translation. A marriage that was never registered in Thailand cannot be dissolved at a district office; it goes through the court instead.
How long does a contested divorce take?
Where the ancillary issues are limited and evidence is ready, a first-instance judgment is often reached within roughly a year. Disputes over parental power, valuation of business assets or the tracing of purchase money extend that, and an appeal adds a further period.
Is marital property really split down the middle?
Marital property is divided equally in principle, but the argument is almost always about classification rather than proportion — whether an asset was personal, whether personal funds were used, and whether an asset registered in a third party's name belongs to the marriage.
Can a foreign spouse keep land after a divorce or a death?
Land ownership by foreigners is restricted. In practice a foreign spouse ends up with a value claim, a leasehold or a usufruct rather than freehold land, and a foreign heir may face a disposal requirement. This is a planning question, not something to resolve in the middle of a dispute.
Will a Thai court order for child support be enforced abroad?
Enforcement depends on the other country's rules, and there is no automatic recognition. We therefore prefer orders anchored to something reachable in Thailand — an account, rental income or a fixed asset — alongside the order itself.
Do I need a Thai will if I already have one at home?
Not necessarily, but a foreign will has to be proved and translated in Thailand, and any inconsistency between documents invites a contest. Where Thai assets are significant, a separate Thai will drafted to sit alongside the foreign one is usually cheaper than the probate argument it prevents.
Can one spouse register the divorce alone if the other has left the country?
No. Administrative dissolution requires both parties to attend. Where one has left or refuses, the remaining route is a court case, and desertion or long separation may itself be the ground relied on.
What happens to a child's Thai visa status after the parents separate?
A dependent's permission to stay follows the sponsoring parent's status, so a separation can end a child's visa basis. We plan the immigration position alongside the family arrangements rather than after the order is issued.

Send us the marriage, birth and property documents you hold and we will tell you which route applies and what is missing.

Contact our office
contact@tla.co.thจ.–ส. 9–18น.15 นาที