Divorce, Child Custody & Family Law in Thailand
Family law is an important area of practice at Herrera & Partners. Our family lawyers in Thailand assist Thai and foreign clients with divorce, child custody, marital assets, alimony, and other family-law matters.
If you are planning to marry in Thailand, we also recommend considering a prenuptial agreement. A properly prepared prenup can help protect assets and clarify the financial rights and obligations of both spouses if the marriage later ends.
How Is a Marriage Terminated in Thailand?
Under the Thai Civil and Commercial Code, a marriage may end through:
- Death of either spouse
- Divorce
- Cancellation or annulment by the court
Divorce may be either uncontested or contested, depending on the circumstances and whether both spouses agree to end the marriage.
Contested Divorce in Thailand
Where the spouses cannot agree to divorce, one spouse may petition the court if a legally recognized ground for divorce exists.
Under Section 1516 of the Thai Civil and Commercial Code, grounds for a contested divorce include circumstances such as:
- Adultery or maintaining another relationship — one spouse has provided maintenance to, honored another person as a spouse, committed adultery, or regularly engaged in sexual relations with another person.
- Serious misconduct — one spouse has committed misconduct that causes the other spouse serious shame, hatred, insult, injury, or excessive hardship considering the circumstances of the marriage.
- Serious physical or mental harm — one spouse seriously harms or tortures the body or mind of the other spouse, or seriously insults the other spouse or their ascendants.
- Desertion — one spouse has deserted the other for more than one year.
- Disappearance — one spouse has been declared missing or has left their domicile or residence for more than three years without it being known whether they are alive or dead.
- Failure to provide support — one spouse fails to provide appropriate maintenance or support, or acts in a manner seriously harmful to the marital relationship.
- Prolonged insanity — one spouse has been continuously insane for more than three years and the condition is considered unlikely to be cured, making continuation of the marriage unreasonable.
- Breach of a bond of good behavior — one spouse breaches a bond of good behavior that they previously executed.
- Serious communicable disease — one spouse suffers from an incurable communicable and dangerous disease that may cause injury to the other spouse.
- Permanent physical inability to cohabit — one spouse has a physical condition that permanently prevents marital cohabitation.
The appropriate ground and evidence will depend on the specific circumstances of the case. A court proceeding may also involve related issues such as child custody, marital property, maintenance, and other financial claims.
Divorce for Thai-Foreign Couples
Herrera & Partners has represented Thai-foreigner couples and foreign spouses in both contested and uncontested divorce proceedings before Family Courts in Thailand.
International divorces can involve additional legal considerations. For example, where both spouses are foreigners, it may be necessary to establish that the applicable foreign laws do not conflict with Thai law and that the Thai court has jurisdiction to deal with the matter.
For couples with connections to more than one country, it is also important to consider whether a Thai divorce judgment or other court order will need to be recognized or enforced overseas.
Child Custody and Parental Rights in Thailand
Divorce proceedings involving children can require careful consideration of parental power, custody, visitation, child support, and the child’s best interests.
Depending on the circumstances, a parent may seek sole custody or other arrangements concerning parental authority. Herrera & Partners has represented clients in matters involving sole custody of minors, child-related disputes, and international child abduction.
Where a child or parent has connections to multiple countries, international family-law issues can make custody proceedings particularly complex.
Marital Assets, Alimony and Other Claims
Divorce proceedings may also involve financial matters, including the division of marital assets, maintenance, living allowances, and compensation in circumstances recognized under Thai law.
The treatment of assets can depend on factors such as when and how the assets were acquired, whether they are considered personal or marital property, and the terms of any valid prenuptial agreement.
International Family Law Matters
Herrera & Partners has also represented clients in matters involving international child abduction, surrogacy, custody, divorce, and marital assets.
For cross-border cases, we may coordinate with lawyers in other jurisdictions where necessary, including situations where a Thai court judgment or family-law order needs to be addressed or enforced overseas.
Frequently Asked Questions
Can foreigners get divorced in Thailand?
In some circumstances, yes. Whether a Thai court can handle a divorce involving foreign spouses depends on factors such as jurisdiction, the parties’ circumstances, and the applicable law. Cross-border cases may require additional documentation and legal analysis.
What is the difference between contested and uncontested divorce in Thailand?
An uncontested divorce generally involves both spouses agreeing to end the marriage and to the relevant terms. A contested divorce involves a dispute that must be determined through court proceedings, such as whether a legal ground for divorce exists or how related family matters should be resolved.
Can I get sole custody of my child in Thailand?
A parent may seek sole custody or parental authority depending on the circumstances. The court’s consideration will focus on the applicable Thai family-law rules and the interests and welfare of the child.
What happens to marital property during a divorce in Thailand?
Marital property, or Sin Somros, may be divided according to Thai law, while separate or personal property may be treated differently. The circumstances in which property was acquired and any valid prenuptial agreement may be relevant.
Can I claim alimony or financial support after divorce?
Potential claims for maintenance or other financial support depend on the circumstances and applicable Thai law. A family lawyer can assess whether a particular claim may be available.
Does a prenuptial agreement affect divorce proceedings in Thailand?
A valid prenuptial agreement can affect how certain property and financial matters are addressed. However, its validity and enforceability depend on compliance with Thai legal requirements.
What if my child has been taken to another country without my consent?
International child abduction can involve urgent and complex legal issues. The appropriate legal strategy depends on the countries involved, the child’s circumstances, existing custody orders, and applicable international and domestic laws.
Can a Thai divorce be recognized in another country?
Recognition of a Thai divorce in another country depends on that country’s laws and the circumstances of the divorce. If you have assets, children, or legal obligations in another jurisdiction, it is advisable to obtain advice on the consequences of a Thai divorce in that jurisdiction.
Speak With a Family Lawyer in Thailand
Divorce and custody matters can have significant consequences for your family, finances, and legal rights—particularly when Thai and foreign laws are involved.
If you are considering divorce, child custody, marital property claims, alimony, or another family-law matter in Thailand, Herrera & Partners can assess your circumstances and explain the available legal options.
Contact Herrera & Partners at info@herrera-partners.com to discuss your case with a family lawyer in Thailand.
