Question 1

When does a marriage become legally valid in Thailand?

Accepted Answer

Under section 1457 of the Civil and Commercial Code a marriage under Thai law is effected only by registration. A religious ceremony or a traditional Thai wedding creates no legal status on its own. Section 1458 requires that both parties consent to take each other as spouses and that the consent be declared openly before the registrar, who records it. Registration takes place at any district office (amphur) or khet office in the country; there is no residence requirement. Ask our Thai family-law team to review your documents by phone, LINE or email before you file.

Question 2

Can same-sex couples marry in Thailand?

Accepted Answer

Yes. The Civil and Commercial Code Amendment Act (No. 24) B.E. 2567, published in the Royal Gazette on 24 September 2024, came into force 120 days later on 22 January 2025. It replaces the gendered wording of Book V with neutral terms — 'two persons' instead of 'a man and a woman' and 'spouses' instead of 'husband and wife' — so any two people may register a marriage and receive identical rights on marital property, inheritance under sections 1629 and 1635, joint adoption and medical consent. The same Act raised the minimum age of marriage in section 1448 from seventeen to eighteen. Ask our Thai family-law team to review your documents by phone, LINE or email before you file.

Question 3

What documents does a foreigner need to marry in Thailand?

Accepted Answer

District offices require an Affirmation of Freedom to Marry (in some countries called a Certificate of No Impediment) issued by your embassy or consulate in Thailand, together with a valid passport and entry stamp. The embassy document must be translated into Thai and the translation legalised by the Legalization Division, Department of Consular Affairs, Ministry of Foreign Affairs on Chaeng Watthana Road before the registrar will accept it. If you were married before, a divorce certificate, divorce judgment or death certificate of the former spouse must be legalised and translated in the same way. The Thai party brings an ID card and house registration, and two witnesses must attend. Ask our Thai family-law team to review your documents by phone, LINE or email before you file.

Question 4

Is a prenuptial agreement enforceable in Thailand?

Accepted Answer

It is, but only if the strict form in section 1466 of the Civil and Commercial Code is met: the agreement must either be entered in the marriage register at the same time as the marriage registration, or be made in writing signed by both parties and at least two witnesses, attached to the marriage register, with a note in the register recording that it is attached — all on the day of registration. An agreement signed afterwards is void. Section 1465 also voids any clause contrary to public order or good morals, or any clause providing that foreign law shall govern the couple's property. Ask our Thai family-law team to review your documents by phone, LINE or email before you file.

Question 5

How are assets classified during a Thai marriage?

Accepted Answer

Section 1471 defines personal property (sin suan tua) as property owned before the marriage, personal effects and tools of trade, property acquired during the marriage by inheritance or gift, and the khongman engagement property. Section 1474 defines marital property (sin somros) as property acquired during the marriage, property acquired by will or written gift that expressly states it is marital property, and the fruits of personal property. Where it is doubtful whether an asset is marital property, the final paragraph of section 1474 presumes that it is, so the burden falls on the spouse claiming otherwise. Ask our Thai family-law team to review your documents by phone, LINE or email before you file.

Question 6

Can one spouse sell jointly owned property alone?

Accepted Answer

No. Section 1476 requires both spouses to act jointly, or one to obtain the other's consent, for significant dealings with marital property — selling, exchanging, mortgaging, granting or extinguishing servitudes or superficies, leasing immovable property for more than three years, lending money and making gifts. Section 1480 lets the non-consenting spouse ask the court to revoke the transaction within one year of learning of it and no later than ten years from the date of the act, unless the counterparty acted in good faith and for value. Ask our Thai family-law team to review your documents by phone, LINE or email before you file.

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Divorce — Administrative, Contested & Property Division

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