Notary attorneys
End-to-end representation for divorce, division of marital property, alimony/child support and custody/access
Cross-Border Divorce & Child Custody — Conflict of Laws · Hague 1980 · Mirror Orders · Enforcement
End-to-end representation for divorce, division of marital property, alimony/child support and custody/access disputes with a foreign element — whether (a) the spouses hold different nationalities, (b) the marriage was registered abroad, (c) the children or assets sit offshore, (d) a foreign judgment must be enforced in Thailand, or (e) a child has been wrongfully removed under the Hague Convention 1980. We design the Forum Selection, the Conflict-of-Laws Memo (Conflict of Laws Act B.E. 2481 §§ 26-29), the Mirror Order, the Recognition & Enforcement strategy, and coordinate with the Thai Central Authority (International Affairs Division, Office of the Judiciary). Every step protects the welfare of the child under the Best Interests principle (UNCRC Article 3). We do not guarantee the outcome of any particular court, but we engineer the file so it is consistent with Thai law, the relevant foreign law and the Hague 1980 framework — so the case moves forward correctly and as fast as practicable.
A cross-border divorce or custody dispute is one of the most demanding mandates in Thai law because four legal systems collide in a single file: (1) Thai family law — Civil & Commercial Code Book 5, §§ 1514–1535 (the ten statutory grounds for divorce), §§ 1564–1598/1 (parental power and custody), the Family Procedure Act B.E. 2553; (2) conflict-of-laws rules — Conflict of Laws Act B.E. 2481, § 26 (a divorce ground must be recognised by the national law of BOTH spouses — the double-actionability rule), § 27 (effects of divorce governed by the husband's national law), § 29 (parental power governed by the child's national law); (3) the foreign law applicable in the spouses' or children's home state; and (4) the relevant treaty regime — the Hague Convention 1980 on Child Abduction, to which Thailand acceded in 2002 (in force 1 November 2002), with the International Affairs Division of the Office of the Judiciary serving as Central Authority.
Recurring failures we are asked to repair: (a) wrong Forum Selection — a court is chosen that has no jurisdiction or whose judgment cannot be enforced in the destination state; (b) a marriage was registered abroad but never recorded in Thailand (or vice versa), so the Thai decree does not affect marital status abroad; (c) international child abduction — one parent removes the child from the state of Habitual Residence without consent, in breach of Hague 1980; (d) a foreign prenuptial agreement was never recognised under Thai law; (e) a child-support order has no Mirror Order in the state where the parents live, so it cannot be enforced; (f) PDPA breaches when family or child information is filed in pleadings without proper safeguards.
Our team is led by a Notarial Services Attorney certified by the Lawyers Council of Thailand (verifiable at /trust/credentials), working with Of-Counsel partners in the IAFL (International Academy of Family Lawyers) network across 32 jurisdictions. We own the Conflict-of-Laws Memo, the Forum Selection Strategy, filings and defence at the Central Juvenile & Family Court, liaison with the Thai and foreign Central Authorities under Hague 1980, Mirror Order drafting, recognition & enforcement of foreign judgments, registration of divorce and parental-power orders at the District Office, and enforcement of child support (including wage garnishment) by treaty or reciprocity. We carry quote on request (phone / LINE / email) M professional indemnity cover, comply with PDPA § 24 (family / child / health / financial data are top-tier sensitive personal data) on ISO/IEC 27001 servers in Thailand, retain files for 30 years, and — per Lawyers Council Ethics Regulation B.E. 2529 Clause 11 — never accept contingency fees in family matters.
End-to-end representation for divorce, division of marital property, alimony/child support and custody/access
Provinces · 50+77
16,168+ clients · 60+ nationalities
Send marriage certificate + spouse/child country via LINE — receive a Divorce/Custody Roadmap + Conflict-of-La
§ 26 — A ground for divorce must qualify under BOTH spouses' national laws (double-actionability). Example: a Thai husband and a Filipino wife cannot obtain a divorce in Thailand because Philippine law has no absolute divorce — annulment or legal separation in the Philippines must be pursued first.
§ 27 — The effects of divorce (status, marital property, spousal maintenance) follow the husband's national law at the time of divorce; if both spouses share a nationality, that law applies.
§ 29 — Parental power and custody follow the child's national law; for dual-national children, the nationality of the child's Habitual Residence governs — consistent with Hague 1996 even though Thailand is not yet a party.
§ 28 — Property regime follows the law of the place of marriage registration unless a prenuptial agreement provides otherwise.
Practice note — we deliver a Conflict-of-Laws Memo at the outset of every mandate, confirming which court has jurisdiction, which law applies and whether the eventual judgment will be enforceable in the destination state, so the file does not need to be re-litigated abroad.
The Hague Convention on the Civil Aspects of International Child Abduction 1980 was acceded to by Thailand on 14 August 2002 and entered into force on 1 November 2002. The Thai Central Authority is the International Affairs Division of the Office of the Judiciary (iad.coj.go.th). The principle: when a child under 16 is wrongfully removed from, or retained outside, the state of Habitual Residence without the consent of a person holding rights of custody, the receiving state must return the child promptly — within six weeks as a guideline (Article 11).
Exceptions to return (Article 13): (a) the applicant was not actually exercising custody rights at the time of removal; (b) return would expose the child to a grave risk of physical or psychological harm; (c) the child has reached the age and maturity to object and refuses to return; (d) return would offend fundamental human-rights principles (Article 20).
Our service: (1) file the Return Application with the Thai Central Authority within one year of the wrongful removal (after a year the court may refuse if the child has settled into the new environment — Article 12); (2) obtain interim travel-ban relief at Thai Immigration; (3) file an urgent action at the Central Juvenile & Family Court under the Family Procedure Act B.E. 2554; (4) prepare the Habitual Residence Affidavit + school / medical records + notarised statements.
Fee: Return Application THB 280,000–650,000; Access Application THB 95,000–180,000.
Thailand has no statutory regime for the automatic recognition of foreign judgments. Enforcement of a foreign divorce, custody or support order proceeds through one of two routes: (1) a fresh action in Thailand in which the foreign judgment is pleaded as evidence — the Thai court re-examines the merits, but a properly notarised + apostilled/legalised foreign judgment is highly persuasive; (2) for uncontested divorces, re-registration at the District Office under Department of Provincial Administration Regulation B.E. 2541 § 35 functions as de facto recognition.
For custody and child-support, Thai courts apply the comity doctrine — they tend to recognise foreign orders where (a) the foreign court had jurisdiction under the Habitual Residence rule, (b) the respondent had a fair opportunity to be heard, and (c) the order is not contrary to Thai public policy.
Recognition quote on request (phone / LINE / email); timeline 4–10 months.
A Mirror Order is a pair of orders issued by courts in two states with identical operative content, ensuring that orders concerning a child (custody, access, travel consent) are enforceable in both jurisdictions. It is essential when parents reside in different countries and the child travels between them.
We draft bilingual Parenting Plans covering: residential schedule (term-time / school holidays / summer); decision-making authority (daily versus major decisions — education, medical, religion); communication schedule (video calls); travel protocol (passport custody, travel-consent form); relocation notice ≥ 6 months; mediation-first dispute resolution; and right of first refusal — fully aligned with AAML (American Academy of Matrimonial Lawyers) best practice.
Risks and disclosures (communicated before every engagement)
When can I file for divorce in a Thai court?
When (a) the respondent spouse is domiciled in Thailand, or (b) the marriage was registered in Thailand, or (c) a Thai national sues a foreign spouse who is not domiciled here — the Thai court accepts the filing and serves process abroad under Hague Service 1965 (4–10 months). Family Court status filings cost THB 200 plus a value-based fee on disputed marital property.
Can a foreign divorce decree be used in Thailand?
Yes, two routes: (1) registration at the District Office under DOPA Regulation B.E. 2541 § 35 — the foreign judgment / divorce certificate must be notarised + apostilled (if the issuing state is party to Hague 1961) or legalised through the Royal Thai Embassy, then certified at MFA Bangkok, then translated by an MFA-certified translator; (2) a recognition action in a Thai court — needed when ancillary relief (property, custody, support) must be enforced.
My child lives abroad — can I still file for custody in Thailand?
Under Conflict of Laws Act § 29, parental power follows the child's national law, and the court with international jurisdiction is the court of the state of the child's Habitual Residence. So you may file in Thailand, but enforcement abroad is difficult without a Mirror Order. We recommend filing in the state where the child lives and obtaining a Mirror Order in Thailand.
Hague 1980 — what if my spouse takes our child out of Thailand without consent?
File a Return Application with the Thai Central Authority (International Affairs Division, Office of the Judiciary) within one year of the wrongful removal. The Thai authority forwards the application to the destination Central Authority, which prosecutes the return action in the local court. Thailand has 103 treaty partners (including the US, UK, Australia, Germany, France and Japan, but not all bilateral situations with China, India or South Korea). quote on request (phone / LINE / email) plus foreign counsel.
If we married a foreign national abroad and never registered in Thailand, can we divorce here?
Under Thai law a marriage validly contracted abroad is a valid marriage (Conflict of Laws Act § 20). You may file for divorce in Thailand if jurisdiction exists (respondent in Thailand or Thai-national spouse). But the Thai divorce must also be registered in the state where the marriage was registered, or the marital status abroad will remain in place.
Which law governs custody of a dual-national child?
Conflict of Laws Act § 6 — the nationality of the child's Habitual Residence (consistent with Hague 1996 Article 5, although Thailand is not yet a party). In practice we look at where the child actually lives and attends school for ≥ 6 months a year.
Can a prenuptial agreement signed abroad govern division of property in Thailand?
Yes, provided that (a) it was made in writing before marriage and recorded in the marriage register (CCC § 1466) — a foreign prenup must be notarised + legalised + MFA-certified and recorded at the Thai District Office before the marriage is registered there, or (b) the marriage was registered abroad under foreign law, in which case foreign law governs the property regime (Conflict of Laws Act § 28).
How is child support calculated in Thailand?
CCC § 1564 — parents must maintain a child until majority (20 years). Thai courts weigh three factors: (1) the child's needs (standard of living); (2) the parent's ability to pay; (3) the recipient's status. Thai orders typically fall between THB 5,000 and THB 80,000 per month per child — lower than the US income-shares model (17–25% of income). Enforcement abroad requires a Mirror Order.
How is offshore property divided as marital property?
Conflict of Laws Act § 28 — the marital-property regime follows the law of the place of marriage registration, but foreign real estate follows lex situs (the law of where the asset sits). We work with Of-Counsel in the asset's jurisdiction to recognise the Thai judgment and compel transfer, and to trace offshore accounts through MLAT (Mutual Legal Assistance Treaty).
How are family and child data safeguarded?
Family information, child health data and financial data are top-tier sensitive personal data under PDPA § 24. Storage is on ISO/IEC 27001 servers in Thailand, AES-256 with HSM at rest and TLS 1.3 in transit, behind MFA + biometric access with a full audit log. Only the responsible attorney and paralegal can view the file (QA does not). Retention 30 years. Data-subject and guardian rights at dpo@notary.co.th.
Is the first consultation free? What should I bring?
Yes. Send by LINE: (1) the marriage certificate (Thai and foreign, if both exist); (2) every child's birth certificate; (3) the spouses' and children's nationalities and current addresses; (4) any foreign court orders; (5) any pre- or post-nuptial agreement; (6) a schedule of marital assets (Thai + offshore); (7) your objective. Within one business day we return a Divorce/Custody Roadmap + Conflict-of-Laws Memo + a fixed-fee quote. Lawyer-Client Privilege applies from the first minute.
ลูกค้าจริง 60+ สัญชาติทั่วโลก ใช้บริการ Notary, แปลรับรอง, MFA และสถานทูตกับเรา
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"Very professional notary service. Document was certified, translated and ready for the UK embassy in two business days."
"ใช้บริการรับรอง Affidavit + รายชื่อผู้ถือหุ้นเพื่อจดทะเบียนสาขาที่สิงคโปร์ ทีมงานละเอียดและตอบกลับไว"
Send marriage certificate + spouse/child country via LINE — receive a Divorce/Custody Roadmap + Conflict-of-Laws Memo within one business day
Short answer: A Thai–foreign marriage registration requires an affirmation of freedom to marry from the foreign partner's embassy, translated into Thai and legalised before filing at the district office. Divorce, legitimation and custody papers usually need further certification to be accepted abroad.
Thai spouse
Foreign spouse
Other family matters: legitimation, custody, adoption
1. Confirm the requirements of the registrar and destination
Establish which form of affirmation the foreign partner needs and which translation layers the district office requires.
⏱ Same day
2. Obtain the embassy affirmation
The foreign partner applies at their embassy or consulate in Thailand under its own booking and form requirements.
⏱ 1–10 working days (estimate, varies by mission)
3. Translate and legalise
Translate the affirmation into Thai with passport-matching spelling, then file for legalisation at the Department of Consular Affairs.
⏱ 1–3 working days (estimate)
4. Register at the district office
Both partners attend with witnesses as required by the registrar and receive the marriage certificate the same day when the file is complete.
⏱ 1 working day
5. Legalise the marriage record for overseas use
Request the English extract, translate and legalise it, then file at the destination embassy as the receiver requires.
⏱ 3–10 working days (estimate)
| Criterion | Do it yourself | Our team handles it |
|---|---|---|
| Embassy appointments | You book and complete the forms yourself | We prepare the forms and pre-check documents before the appointment |
| Translation and legalisation | Risk of spellings that do not match official records | We reconcile spellings across every document before filing |
| Coordination with the registrar | You confirm conditions district by district | We confirm in advance and assemble the file to match |
| Later use abroad | Often means restarting the certification chain | The full chain is planned from the outset |
If you would rather not spend an important family milestone queuing at agencies, our advisory team can run everything from the affirmation to documents ready for overseas use. Initial consultation is available by phone, LINE or email.
All durations are working-day estimates excluding agency queues, and are not a guarantee of any authority's decision.
Sources: กรมการปกครอง — งานทะเบียนครอบครัวและทะเบียนราษฎร · กองสัญชาติและนิติกรณ์ กรมการกงสุล กระทรวงการต่างประเทศ · Last reviewed: 2026-08-10
Document and legalization advisers with 15+ years of practice
Before we start, we read your actual documents and confirm the legalization route matches what the receiving authority asks for. During the work we report progress, and after delivery we still answer questions about how to submit the file.
We prepare documents to the requirements of the receiving authority. Any approval decision remains at that authority's discretion.
Send your documents on LINE for a preliminary review, a recommended legalization route and a written quote.
General guidance, not a case-specific determination. Requirements change with agency notices — confirm with the receiving authority before you act.
Sources: กรมการปกครอง กระทรวงมหาดไทย (สำนักทะเบียน อำเภอ/เขต) · กองสัญชาติและนิติกรณ์ กรมการกงสุล กระทรวงการต่างประเทศ · สภาทนายความในพระบรมราชูปถัมภ์ · Last reviewed: 2026-08-04
Answers from real Thai–foreign family files: registering legitimation, travel consent for a minor, and how family documents are certified for use overseas.
Under the Civil and Commercial Code a child born to unmarried parents becomes the father's legitimate child if the parents later marry, if the father registers legitimation, or by court judgment. Registration is done at a district office and requires the consent of both the mother and the child.
The registrar then cannot register legitimation and the matter must go to the Juvenile and Family Court for a judgment of paternity. Timing depends on the file and the court's calendar. No provider can guarantee the outcome; what genuinely helps is assembling complete, properly formed evidence from the outset.
Once legitimate, the child inherits from the father as a statutory heir. Parental power is a separate question: the court may allocate it to one parent or both, guided by the best interests of the child. Parties commonly settle maintenance and contact arrangements at the same time.
In practice airlines, immigration officers and destination embassies frequently ask for a travel consent letter from the other parent, with an ID or passport copy and a certified translation when used overseas. Requirements differ by destination, so check with the embassy handling the visa before you travel.
Adoption of a Thai child by a person habitually resident abroad is supervised by the Department of Children and Youth within the Hague child-protection framework. It involves a home study, board approval and a prescribed trial custody period. The process is long and the decisions rest entirely with the authorities.
Typically a fresh certified extract of the civil or family registration, translated into the destination language, legalised at the Department of Consular Affairs and then at that country's embassy. From 28 February 2027 an apostille replaces the embassy step for contracting states. We sequence, translate and run the chain, and advise before you start — by phone, LINE or email.
Sources: กรมการปกครอง (Department of Provincial Administration) — งานทะเบียนครอบครัว · ศาลเยาวชนและครอบครัวกลาง (Central Juvenile and Family Court) · กรมกิจการเด็กและเยาวชน (DCY) — ศูนย์อำนวยการรับเด็กเป็นบุตรบุญธรรม · กองสัญชาติและนิติกรณ์ กรมการกงสุล กระทรวงการต่างประเทศ · Last reviewed: 2026-08-11
These are illustrative composites of common Thai–foreign marriage registration, family-document legalization and spouse-visa preparation workflows. They are not individual client records and not a guarantee of any decision by a district office, the Department of Consular Affairs, an embassy or a destination immigration authority. Durations are approximate working-day ranges excluding institutional queues.
Illustrative scenarios, not individual client records · Last reviewed 2026-08-09
Short answer: District offices refuse affirmations of freedom to marry that have not been translated and certified by MFA, bundles with inconsistent name spellings, and files missing proof that a prior marriage ended. Complete the chain before attending the district office.
We check the affirmation, translation, certification, appointment and interpreter so registration completes in a single visit — ask our advisers to plan the date with you.
Durations are working-day estimates excluding agency queues, and are not a guarantee of any authority's decision.
Sources: กรมการปกครอง (Department of Provincial Administration) · กองสัญชาติและนิติกรณ์ กรมการกงสุล กระทรวงการต่างประเทศ · Last reviewed: 2026-08-10
A Thai–foreign marriage registration requires an affirmation of freedom to marry from the foreign partner's embassy, translated into Thai and legalised before filing at the district office. Divorce, legitimation and custody papers usually need further certification to be accepted abroad.
If you would rather not spend an important family milestone queuing at agencies, our advisory team can run everything from the affirmation to documents ready for overseas use. Initial consultation is available by phone, LINE or email.
Durations are working-day estimates excluding agency queues and are not a guarantee of any decision.

Statements on this page follow the authorities below. Confirm current requirements with the authority before filing. Last reviewed 2026-07-29.
Fees are not published online — ask our team by phone, LINE or email for a scope-based quote.