Our Practice Areas
Family and Succession Law
For foreign nationals living in Thailand or those with family or assets in the country, navigating the legal landscape of family and inheritance matters presents unique challenges. Issues such as divorce, child custody, and estate planning are governed by Thai law, which can differ significantly from the legal systems in one’s home country. Understanding these differences is crucial for protecting your rights and ensuring a fair outcome in sensitive personal affairs.
At JIRAWAT & ASSOCIATES LAW OFFICE, our team has experience assisting international clients with the complexities of Thai family and succession law. We provide discreet, professional, and practical legal guidance across a comprehensive range of services, including:
- Uncontested and contested divorce, including cases involving foreign-registered marriages.
- Division of marital property, including assets located in Thailand and abroad.
- Child custody, child support, and international relocation matters.
- Paternity recognition and disputes.
- Annulment of void or voidable marriages.
- Drafting Thai wills and cross-border estate planning.
- Appointment of executors and administration of estates in Thailand.
We are committed to providing clear, strategic advice that takes into account the cross-border elements of your case.
Navigating Family and Inheritance Matters in Thailand: A Legal Guide for Sensitive Issues
The primary sources of family and succession law in Thailand are Book V (Family) and Book VI (Succession) of the Civil and Commercial Code (CCC). Thailand’s legal system is a civil law jurisdiction, meaning that laws are codified in statutes passed by the legislature. While court precedents, particularly from the Supreme Court of Thailand, are important for interpreting the law, the written code itself is the ultimate authority.
This statutory framework provides a structured, predictable process for resolving disputes. For foreign nationals, this means that cases heard in a Thai court will be adjudicated based on the specific provisions of the CCC, regardless of the parties’ nationalities. Our approach is to leverage a thorough understanding of these statutes to develop a clear legal strategy tailored to the specific facts of your situation.
Thai law provides for two methods of dissolving a marriage: an administrative divorce by mutual consent and a judicial divorce by court judgment. The appropriate method depends on whether both parties agree to the divorce and where the marriage was legally registered.
Divorce in Thailand: Types and Procedures
Uncontested Divorce
An uncontested divorce is the simplest and fastest method, available when both spouses agree on the decision to divorce and on all related issues, such as the division of property and child custody arrangements.
However, a critical point for foreigners is that this administrative process, which takes place at a local District Office (known as Amphur or Khet), is only available for marriages that were registered in Thailand. If your marriage was registered in another country, you cannot obtain an administrative divorce in Thailand, even if it is by mutual consent. In such cases, you must file for a judicial divorce through the Thai Family Court, which will then issue a judgment based on your mutual agreement.
Contested Divorce and Grounds for Divorce
When one spouse does not consent to the divorce, or if the parties cannot agree on the terms, the spouse seeking the divorce must file a petition with the Family Court. A contested divorce can only be granted if the petitioner can prove one of the legal grounds for divorce stipulated in Section 1516 of the CCC. Thailand is not a “no-fault” divorce jurisdiction in contested cases. Common grounds include:
- (1) Adultery: One spouse has committed adultery or has maintained another person as a husband or wife.
- (2) Misconduct: One spouse is guilty of misconduct, criminal or otherwise, that causes the other to be seriously shamed, insulted, or injured.
- (3) Cruelty: One spouse has caused serious harm or torture to the body or mind of the other, or has grossly insulted the other or their ascendants.
- (4) Desertion: One spouse has deserted the other for more than one year.
- (4/2) Separation: The spouses have voluntarily lived separately for more than three years.
- (6) Lack of Support: One spouse has failed to provide proper maintenance and support to the other or has committed acts seriously adverse to the relationship of husband and wife.
The burden of proof lies with the spouse filing the petition, who must present credible evidence to the court to substantiate the chosen ground for divorce.
Divorce Filings: What to Prepare
Proper preparation is essential for a smooth and effective court filing. For foreign nationals, this includes not only gathering the necessary documents but also ensuring they are properly translated and authenticated for use in a Thai court. A typical checklist includes:
- Personal Documents:
- Passport of the foreign spouse; National ID card of the Thai spouse.
- House Registration (Tabien Baan) for any party residing in Thailand.
- Marriage Certificate (original).
- Child-Related Documents (if applicable):
- Birth certificates for all children.
- Property Documents (for asset division):
- Title deeds for land and condominiums.
- Vehicle registration books.
- Bank statements, share certificates, and insurance policies.
- Loan agreements and other evidence of joint debts.
- Evidence Supporting Grounds for Divorce:
- Records of communication, photographs, financial records, or witness information.
- Special Requirements for Foreigners:
- Certified Translations: All documents not in the Thai language must be translated into Thai by a translator certified by the Ministry of Foreign Affairs or a reputable translation service.
- Legalization: Documents issued by foreign governments (e.g., a foreign marriage certificate) must often be legalized by the Thai Embassy or Consulate in that country to be considered valid evidence in a Thai court.
Key Issues in Divorce: Child Custody and Marital Property
Beyond the dissolution of the marriage itself, a divorce must resolve two critical ancillary issues: the care and custody of any minor children, and the division of the couple’s assets. Thai law has specific rules governing both. The primary concept for marital assets is the distinction between personal property, Sin Suan Tua, and marital property, Sin Somros. For child custody, the guiding principle is always the “best interests of the child.”
Custody & Child Support
Under Thai law, parental power (custody) includes the rights and duties of parents concerning the personal and financial welfare of their minor children.
- Determination of Custody: In an uncontested divorce, parents can make a formal agreement on custody. In a contested case, the Family Court will decide based on the child’s best interests, considering factors such as each parent’s ability to provide care, their conduct, and the child’s relationship with each parent. The parent not granted primary custody typically retains visitation rights.
- Unmarried Parents: A crucial point for foreign fathers is that if the parents are not married, the mother is automatically granted sole custody of the child. For a father to gain parental rights, he must formally legitimize the child, either by mutual agreement at the District Office or by a court judgment.
- Child Support: Both parents have a legal duty to support their child until the child reaches the age of 20. The court can order one or both parents to pay a specific amount for child support, based on their financial capacity and the child’s needs.
- International Considerations: Thailand is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. This means that foreign custody orders are not directly enforceable in Thailand. If a child is brought to or retained in Thailand against the terms of a foreign court order, a new custody case must be initiated in the Thai Family Court.
Marital Property Disputes
Thai law distinguishes between two types of property in a marriage:
- Sin Suan Tua (Separate Property): This includes assets owned by a spouse before the marriage, property acquired during the marriage through inheritance or as a gift, and personal items. Sin Suan Tua remains the sole property of that spouse upon divorce.
- Sin Somros (Marital Property): This includes all property acquired by either spouse during the marriage, as well as income or fruits derived from Sin Suan Tua during the marriage. Under Section 1533 of the CCC, Sin Somros is divided equally (50/50) between the spouses upon divorce.
Disputes often arise over whether an asset is separate or marital property. For foreigners, this can be complicated by foreign ownership restrictions on certain assets, such as land, which require careful legal structuring during the division process.
Paternity Proceedings
Thai law provides clear procedures for establishing or challenging legal paternity.
- Legitimation: A child born to unmarried parents can become the legal child of the father in one of three ways under Section 1547 of the CCC: (1) the parents subsequently marry; (2) the father registers the child at a District Office (with the consent of the mother and child); or (3) by a court judgment. A foreigner seeking to establish his paternity can file a petition with the Family Court.
- Denial of Paternity: The law presumes that a child born to a married woman is the child of her husband (Section 1536 of the CCC). A husband who believes he is not the biological father can file a lawsuit to deny paternity. This action must be filed within one year of learning of the child’s birth, as stipulated by Section 1538 of the CCC.
Void/Voidable Marriages
Certain marriages may be legally invalid under Thai law.
- Void Marriage: A marriage that is invalid from its inception. Grounds for a void marriage under Section 1495 of the CCC include bigamy (marrying while already legally married to someone else) or marrying a direct blood relative. A void marriage is treated as if it never occurred.
- Voidable Marriage: A marriage that is valid until it is annulled by a court order. Grounds include marriage without required parental consent for a minor, marriage due to a mistake in the identity of the spouse, or marriage induced by fraud. An action to annul a voidable marriage must be brought within a specific time limit.
Estate Planning: The Importance of a Last Will and Testament
For any foreigner with assets in Thailand—such as a condominium, bank account, or vehicle—it is highly advisable to prepare a Thai Last Will and Testament.
While a valid will made in another country can be recognized in Thailand, enforcing it is a complex, time-consuming, and expensive process. The foreign will must first be officially translated into Thai and then legalized by the Thai Ministry of Foreign Affairs. It must then be submitted to a Thai court for a judgment to be recognized.
Creating a separate Thai will specifically for your assets in Thailand dramatically simplifies the probate process for your heirs. A valid Thai will, according to Section 1656 of the CCC, must be made in writing, dated, and signed by the testator in the presence of at least two witnesses, who must also sign the will at the same time.
Intestate Succession: Who Inherits Without a Will?
The Six Classes of Statutory Heirs
Section 1629 of the CCC establishes six classes of statutory heirs:
- Descendants (children, grandchildren)
- Parents
- Full-blood brothers and sisters
- Half-blood brothers and sisters
- Grandparents
- Uncles and aunts
The law operates on the principle that a living heir in a higher class excludes all heirs in a lower class from inheriting. The only exception is that parents (Class 2) are entitled to inherit alongside descendants (Class 1).
Rights of the Surviving Spouse
If the Deceased is Survived by Heirs in | The Surviving Spouse's Share is |
|---|---|
Class 1 (Descendants) | Equal to a child's share |
Class 2 (Parents) or Class 3 (Full Siblings) | One-half of the estate |
Class 4, 5, or 6 | Two-thirds of the estate |
None of the six classes | The entire estate |
Executors
An executor (or administrator) is the person appointed to manage and distribute the deceased’s estate.
Process of Appointing an Executor under Thai Law
Duties of an Executor
The primary duties of an executor, under Section 1719 of the CCC, include:
- Preparing and filing an inventory of the estate with the court.
- Collecting all estate assets and paying any outstanding debts.
- Distributing the remaining assets to the rightful heirs in accordance with the will or the laws of intestacy.
Liabilities of an Executor
Family & Succession Roadmap
The legal process for family and inheritance matters in Thailand typically follows these general steps:
- Initial Consultation: Discussing the facts of your case with a lawyer to understand your legal position and options.
- Document Gathering & Preparation: Collecting all necessary documents, including translations and legalizations.
- Filing the Petition: Initiating the case with the appropriate Thai court.
- Court Proceedings: Attending court-mandated mediation sessions and, if necessary, hearings and a trial.
- Judgment & Enforcement: Obtaining a final court judgment and taking the necessary steps to enforce it (e.g., registering the divorce, transferring property).
Estate Administration: The executor carries out their duties to finalize the distribution of the estate.
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