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Love and Law in Thailand: Marriage and Divorce Guide for Expats

Last updated: 8 May 2025
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Article: Marriage and Divorce in Thailand

Legal Guide for Foreigners

Thailand is a beautiful country where many foreigners choose to settle down, often finding love and building families. However, when it comes to marriage and divorce, understanding the legal framework is essentialespecially for foreigners.

Getting Married in Thailand: What Foreigners Should Know

Legal Steps to Register a Marriage:

1.        Foreigners must obtain an Affirmation of Freedom to Marry from their embassy in Thailand.

2.        This document must be translated into Thai and certified by the Thai Ministry of Foreign Affairs.

3.        Both parties must appear at a District Office (Amphur) to register the marriage legally.

Note:

  • Only registered marriages are legally recognized in Thailand.
  • Traditional or religious ceremonies are not legally binding unless officially registered.


Property Rights After Marriage

Thai law separates property into two categories:

1.        Personal Property (Sin Suan Tua):
Assets acquired before the marriage or received through inheritance or as gifts.

2.        Marital Property (Sin Somros):
Assets acquired during the marriagesuch as income, jointly purchased property, etc.

Important Consideration:

  • Without a prenuptial agreement, Thai law will apply by default.
  • A prenuptial must be registered at the same time as the marriage and signed before the registration.


Divorce in Thailand: Contested and Uncontested

There are two types of divorce in Thailand:

1.        Uncontested Divorce:
Both parties agree to divorce and visit the local District Office to sign mutual consent documents.

2.        Contested Divorce:
If one party does not agree, the other must file a divorce petition in court, citing legal grounds such as adultery, abandonment, or abuse.

Required Documents:

  • Marriage certificate
  • Passports or ID cards
  • Child custody or property division agreements (if any)


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