Family Law in Thailand

  • Marrying a Thai

  • Thai Prenuptial Agreements

  • Divorcing a Thai National

  • Thai-based Wills and Last Testaments

H. Toosi International Law Office understands the joys, stresses and the problems clients experience when marrying, divorcing and planning for the welfare of dependents after their death.

With extensive personal, practical and legal experience in assisting foreigners who marry Thai-nationals, we can help by making the legal aspects of marriage simple and painless.

Similarly, our practical and legal experience in helping foreigners divorcing a Thai-national, we can assist clients with any legal and financial problems they may have.

Marrying a Thai

Getting married in Thailand is a simple process. A foreigner marrying in Thailand must receive clearance from their embassy. This clearance will allow a foreigner to receive an official document that includes personal information, including name, citizenship and legal freedom to marry. This document will need to be translated into Thai.

The documents needed for marrying a Thai- or non-Thai national include:

1.Identification cards for both people

2.House registration certificates for both people

3.Copy of any foreign passport

4.Letter of certification from an embassy, consulate or a government organization from the foreigner's country

5.Thai translation of the letter of certification

When all documents are ready and all other requirements met, registration of the marriage shall be performed at a Thai District Office (Ampher).

If you acquire a Thai Non-Immigrant Type O marriage visa, you will need a copy of your marriage certificate, a signed copy of your spouse's ID card, and house registration. You will be issued a non-immigrant entry permit, initially valid for 90 days (see 2.1.1 Thai One-year Visa).

If you acquire a long-term extension of your visa, based on your supporting a Thai spouse, you must have a salary of at least THB 40,000 per month and have submitted personal income tax.

If you wish to marry in Thailand, you must meet the following requirements:

•be of legal age (17 years with parental consent except if divorced, or over 20 years of age)

•not be a spouse of anyone else at that time

•not be a direct blood relative or a sister or brother through either parent

•not be the adopting parent of the other person

•not be a widow or divorcee for less than 310 days after a previous marriage has ended, unless the intended spouse has given birth to a child, you are remarrying the same spouse or a court has given approval for the marriage

Thai Prenuptial Agreements

Prenuptial agreements are a financial plan to be used during a marriage and, if needed, during a divorce. A prenuptial agreement is a good idea when one or both people in a marriage have money and assets.

Depending on the laws of your home country and Thai law, you can decide, before marriage, how to divide your money, assets and property. However, most countries do not allow restrictions on child support to be included in the agreement.

A prenuptial agreement is only valid if it has been signed, witnessed and submitted to a local district office upon registration of the marriage.

H. Toosi’s advice concerning prenuptial agreements:

As prenuptial agreements vary from one country to another, make certain your agreement is legal under your home country’s and Thailand’s laws.

Divorcing a Thai National

If you married in Thailand, you can also divorce in Thailand.

If both people agree (uncontested), a divorce can be completed at a local district office. If one person or both people have any disagreement (contested), a divorce will need to be settled in court.

The documents needed to complete an uncontested divorce include your marriage certificate, passports and ID.

You may be asked questions about the divorce and your plans. To finalize the divorce you will need to complete a few forms, sign and have them certified by two (2) witnesses, and make a small payment.

According to Thai family law, you must have good reason to divorce, such as:

•a three-year (3) voluntary or court-ordered separation

•one partner has deserted the other for over one (1) year

•the husband has another wife

•the wife has committed adultery

•either partner is guilty of misconduct (criminal or otherwise)

•either partner has been imprisoned for over one (1) year and cohabitation as husband and wife will cause the other partner significant injury or strife

•either partner has physically or mentally harmed the other

•lack of marital support

•either partner has been incurably insane for at least three (3) years

•either partner has an incurable communicable disease

If your spouse is not in Thailand, or will not return to contest the divorce, you can often continue proceedings provided your spouse has received a court summons and a copy of the complaint before the court hearing date.

The court will divide property based on the law and your situation(s). Income received by either person during the marriage is shared equally. Property or money belonging to either person before the marriage is not shared. However, the rules can be complicated. Debts owed by the couple, are also split between partners.

Thai-based Wills and Last Testaments

If you die without a document (will) describing how you want your money, property, and investments divided (estate), it will be divided according to Thai law among your heirs.

Thai law only includes six (6) classes of heir who can inherit in the following order: descendants (children); parents; brothers and sisters of full blood; brothers and sisters of half-blood; grandparents; and uncles and aunts. The surviving spouse is also an heir in certain cases.

Normally, a court order must be acquired from the Civil Court. Property is transferred according to what is written in a will or according to law. In both situations, the court must approve, and will normally appoint someone to oversee dividing the estate.

A will in Thailand needs to meet specific requirements and is usually prepared with the help of a lawyer. Thai law includes three (3) types of will: wills made before public officials, holographic wills and validly witnessed wills.

H. Toosi’s advice about Thai-based wills and last testaments:

1) Make certain you have a will. This will make it easier for your family at a very difficult time.

2) If you have family members in Thailand and overseas, make certain your will meets all legal requirements of all relevant countries.

3) Make certain that everything of value is included.