The marriage process in Thailand is fairly straightforward. For foreigners to get married in Thailand, they must first obtain clearance from their respective embassies. However, do note that different embassies have different procedures for providing this clearance. With the clearance, a foreigner can obtain an affidavit which states the name of the foreigner as well as personal details such as citizenship and legal freedom to marry. This affidavit will have to be translated into Thai and legalized pursuant to Thai law. When all the documents are in place, the administrative marriage can then be performed at the Thai district offices known as ‘amphur’ or ‘khet’.
Under Thai law, the question of child custody is addressed in Book Five of the Thai Civil and Commercial Code under the general headings Termination of Marriage and Rights and Duties of Parent and Child .
Divorce in Thailand
When a couple divorce in Thailand all marital property (sin somros) is divided equally. personal property (sin suan tua) remains owned by the individual. Thus marital property is anything acquired during marriage by way of gift, bought, or inherited. Personal property is anything acquired before the marriage like a house, tools, equipment & possessions. If both parties agree then the proceedings are straight forward.
Both parties are responsible for debts incurred from household affairs, education and medical bills. One can have a prenuptial agreement which is law & where property is subject to foreign laws. To be valid the prenuptial must be tendered at the marriage registration to be effective and signed by both parties and 2 witnesses. Most of these prenuptial agreements are between foreigners and Thais.
If one partner is employed, property is split equally. If the wife stays home and looks after the children she has the right to half even though she is not receiving payment. The parents divorcing can agree on who pays for the children’s education and day to day living expenses and maintenance. if they cannot agree the Court will rule. the Court may also decide on living allowances based on the ability of the grantor & the status of the receiver.