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Legal service for foreign clients

Family Lawyer — Divorce, Marital Property, Child Support in Thailand

Uncontested and contested divorce, marital-property division, custody.

Quick answer

Assess consent or contested divorce, marriage records, statutory grounds, marital assets, parental power and support. Refusal to sign alone is insufficient. Personal assets are not all divided equally. Section 1520 requires written parental-power arrangements, with judicial determination absent agreement. Section 1522 addresses judicial divorce or omitted maintenance terms. Section 1598/38 sets no fixed maintenance minimum or income percentage; assess rights and circumstances. Contact our team for a quotation.

Contact our team for a quotation — Contact our team for a quotation · Registered divorce depends on the district office; contested cases depend on the court

Family Lawyer — Divorce, Marital Property, Child Support handled by Thai Law & Accounting lawyers in Thailand
Our bilingual team handles family lawyer — divorce, marital property, child support end to end across Thailand.

Who this is for

  • Couples pursuing amicable divorce
  • Contested divorce petitioners or respondents
  • Parents in custody disputes
  • Thai–foreign spouses

What you receive

  • Draft the divorce instrument and registration settlement
  • Divorce petition under Sec 1516
  • Marital-property division and valuation
  • Custody + child-support petitions
  • Adultery-compensation actions (§1523)

Documents to prepare

  • Marriage cert / house reg / ID
  • Children's birth certificates
  • Property records (title deeds, vehicles, banks)
  • Evidence supporting the divorce ground (if any)

How it works

5-step process

  1. 1

    Assess family-law rights and relief

    Distinguish divorce grounds, assets, children, compensation and spousal maintenance. Check section 1526's requirement to claim or counterclaim within the divorce case, rather than first seeking it after judgment.

  2. 2

    Negotiation / settlement memo

    Assess settlement without missing applicable deadlines; where needed seek section 1530 interim relief during the case, separately from the final outcome.

  3. 3

    Prepare divorce papers or pleadings

    For consent divorce, check writing and signatures of at least two witnesses under section 1514. For litigation, assess grounds, court jurisdiction and relief separately; not every divorce requires a court filing.

  4. 4

    Confirm registry procedure or pursue the case

    Consenting spouses should confirm appointments, documents and declarations with the registrar. If in different places, ask about separate registry offices rather than assuming proxy consent is always available. Court cases follow mediation and evidence directions.

  5. 5

    Confirm legal effect and subsequent records

    Under section 1515, consent divorce of a marriage registered under this Code is complete on divorce registration, not private signing. Section 1531 instead governs final judgments and registration protecting third-party rights. Check subsequent asset transfers and debts.

In depth

Family Lawyer — Divorce, Marital Property, Child Support: what foreign clients need to know

Family work has two layers that must be kept apart. The first is marital status, resolved either at the registry or in court. The second is what stays with people for years afterwards: children, marital property, and maintenance. Clients in pain usually fixate on the first layer, yet the second determines the quality of life that follows, so we sequence the work from the long-term consequences backwards.

Divorce by consent against divorce by judgment

Section 1514 requires consent divorce in writing with signatures of at least two witnesses. For a marriage registered under this Code, section 1515 makes divorce complete only upon divorce registration. A fully signed private agreement therefore does not itself terminate that registered marriage; its signing date is not automatically the divorce date. Foreign marriages require a separate status and applicable-law assessment.

Consent divorce must meet statutory formalities and registration requirements; agreement on every ancillary issue is not asserted as a condition for divorce. A written allocation of parental power is required by section 1520, with judicial determination absent agreement. Under section 1522 the agreement specifies child-maintenance payers and amounts, or the court determines omitted terms. Include payment dates, methods and treatment of joint debt to reduce ambiguity in compliance.

Refusal to sign or residence abroad is not itself a statutory divorce ground. Prove the relevant section 1516 conditions: wilful desertion exceeding one year under (4) differs from voluntary separation because peaceful married life is impossible for more than three years, or court-ordered separation exceeding three years under (4/2). Separate addresses alone do not guarantee a divorce. Examine consent and forgiveness as well.

Custody and maintenance arrangements that hold

Spousal fault is not the sole test for child arrangements. Establish actual care, safety, health and schooling. Section 1520 centres welfare and interests and permits an outside guardian following withdrawal on section 1582 grounds. Higher income or kinship is not an automatic entitlement to prevail. Where violence is alleged, preserve evidence without increasing danger to the child and assess protection before bargaining over assets.

Separate maintenance from decision-making authority and contact. Withdrawal does not discharge support under section 1584. Set payment dates and schooling or medical items without inventing a fixed income percentage: section 1598/38 requires assessment of payer capacity, recipient position and circumstances. Section 1564 covers minority and an adult child specifically where disabled or infirm and unable to support themself; it does not require support for every adult until graduation.

Marital property, personal property and foreign spouses

Build the asset schedule from acquisition dates and funding, not title alone. Section 1471 supplies personal-property categories, while wills or written gifts designating marital property fall under section 1474(2), and fruits under section 1474(3). Trace sales, exchanges, purchases and replacement assets under section 1472. For a premarital home paid down during marriage, examine rights and payments rather than treating the whole home as marital or changing ownership shares automatically. Section 1474 presumes marital status where classification is doubtful.

Section 1532 fixes different inter-spousal asset dates: registration for consent divorce, and retrospective effect to filing for a judgment governing property. Section 1533 divides marital property equally, not all personal assets, and higher earnings do not independently determine shares. In international cases, examine foreign divorce recognition separately from land rights. Translation or authentication guarantees neither recognition abroad nor a lawful property solution; monetary equalisation and lease rights require their own contractual and legal review.

Cost structure: government fees vs professional fees

ItemOfficial feeProfessional feeNote
Drafting the agreement recorded with a consensual divorceDOPA states divorce registration has no registration fee in all cases; copies cost THB 10 each under its guidanceContact our team for a quotationCheck agreement formalities and registry requirements; no completion-date or lowest-cost guarantee
Divorce petition with a custody claimAssess court charges by each form of relief, not automatically by all assets. Maintenance or alimony relief falls under section 155; ask the court to assess property division and other claims separatelyContact our team for a quotationService, disputed issues, evidence, scheduling and any appeal affect timing; no completion or payment-receipt date is guaranteed
Claiming maintenance or applying to vary the amountSection 155 of the Juvenile and Family Court Act exempts court filing fees and litigation costs for complaints, petitions and proceedings seeking maintenance or alimony; confirm variation applications and joined relief with the courtContact our team for a quotationSeparate filing fees from other expenses and property claims. Assess income and recipient-expense evidence; do not assume the entire case is cost-free
Translation and legalisation of divorce papers for overseas useOfficial charges for authentication steps required by the recipient, if applicable; check the authoritative rates before submissionContact our team for a quotationWe confirm the destination's required order before submitting

Planning child arrangements when schooling is disputed

Situation: Both agreed to divorce but clashed over the child's overnight schedule and international school fees.

Assessment points: We built a monthly care calendar with a holiday-rotation method and split tuition out from the monthly maintenance.

Illustrative example; outcomes depend on the facts and the authority's decision.

Separating a house paid down during the marriage

Situation: One spouse bought a house before marriage but paid it down for seven further years with marital income.

Assessment points: We rebuilt the amortisation schedule to isolate principal paid before and after marriage, then proposed monetary equalisation instead of joint title.

Illustrative example; outcomes depend on the facts and the authority's decision.

When to act, and when waiting is fine

  • Choose consensual divorce while communication still works

    Check voluntary consent, the written instrument and witnesses before arranging registration. Assess costs against actual scope; consent divorce is not guaranteed to be cheaper or faster in every case.

  • Assess litigation only where consent divorce is unavailable and a statutory ground exists

    Identify the ground and elements to prove, assess available evidence and lawful collection, and check actual or constructive knowledge dates under section 1529 where applicable. Do not wait for complete evidence at the risk of missing the deadline; no single checklist guarantees every case's outcome.

  • Settle the children before the property, always

    Assess child safety and needs separately from property bargaining; do not use contact or support to exert pressure.

  • Never sign an agreement without payment dates and default consequences

    Review the contract, payment evidence and applicable legal rules. Missing dates or default terms do not automatically make the agreement void or require a fresh suit every time. Distinguish private documents from judgments supporting an enforcement application.

Documents in detail

DocumentIssued byCertification / translationValidity
Marriage certificate (Kor Ror 3) or marriage register (Kor Ror 2)The district office where the marriage was registeredAsk the destination recipient about translation and authentication requirements; document authentication does not establish divorce recognition in every countryObtain an extract if damaged or current registration details are required; check the actual court or recipient's issue-date requirement rather than a universal six-month expiry
Birth certificate of each childThe local registrarSupports identity and birth-record checks; a father's name on the birth certificate does not replace a legitimation register or judgmentCheck the parents' marriage record, legitimation register and relevant judgment. Distinguish child status from who exercises parental power; there is no blanket six-month document expiry
Schedule of marital assets and joint debtsPrepared by the spouses from title documents and statementsAttach title deeds, vehicle registration, and lender balance lettersRefresh the figures before the mediation date
Income evidence for both spousesEmployer, or the Revenue Department for self-employed spousesRelevant payslips, income records or tax returns, plus recipient expenses and asset evidence; income alone does not determine maintenanceSelect evidence periods for the relief and circumstances, not a universal one-year or six-to-twelve-month requirement

Timeline and who does what

StageOwnerDurationDetail
Assess whether consent divorce is available or a suit is requiredHandled by our teamOnce the documents are complete; the timeframe is stated in the quotationCheck writing and signatures of at least two witnesses under section 1514, and registration effects under section 1515. Distinguish sections 1520–1522 child arrangements from judicially resolved disputes; private signing does not itself end a registered marriage, nor must every asset always be divided first.
Draft the divorce settlement annexed to the registerHandled by our teamOnce the documents are complete; the timeframe is stated in the quotationCheck the spouses' and witnesses' signatures on the divorce instrument. Separate parental power, contact, maintenance payer and amount, then assess property terms and each enforcement route; signatures alone do not guarantee enforceability of every clause.
Register the divorce at the district officeDepends on the agencyDepends on registry document checks and appointmentsConfirm declarations of consent, documents and witnesses with the registrar. If joint attendance is not possible, ask the receiving registrar about divorce across different registry offices. Do not assume a power of attorney can replace a spouse's divorce declaration in every case. For overseas circumstances, obtain consular and registrar confirmation of the available procedure.
If suing: file and attend mediationDepends on the agencyDepends on court scheduling, evidence and unresolved issuesDistinguish negotiation records and private settlements from a consent judgment. Check the actual judgment or order and its operative duties before choosing a contractual claim or judgment enforcement. Not every agreement negotiated at court is itself a judgment.
Update civil records and downstream documentsHandled by our teamOnce the documents are complete; the timeframe is stated in the quotationIdentify civil-record, name, insurance-beneficiary or other changes required by law and recipient terms. Divorce does not automatically amend every policy or record; confirm authority and agreed scope before notifications.

Common pitfalls

Maintenance described only as 'appropriate' leaves the amount and due date disputed

Specify the sum, due date, recipient and payment evidence. Where existing wording is unclear, assess the contract and statutory entitlement rather than declaring every maintenance right unenforceable

Divorce completed but assets never transferred as agreed

Check title, mortgages, creditor consent, taxes, documents and registry availability. Agreement and transfer dates are separate; same-day transfer is not assured

Foreign spouses assuming a Thai court order applies automatically at home

Check the destination country's recognition rules before agreeing child terms

Treating contact as authority to relocate the child, or assuming a parent without parental power has no contact right

Section 1584/1 permits contact appropriate to the circumstances, not relocation authority. Check legal parental power, court orders and destination requirements before travel. For reassignment after divorce assess section 1521; travel consent is not a substitute for a change-of-power order

Doing it yourself vs working with us

AspectOn your ownWith our team
Child arrangementsOral arrangements may create disputes over agreed terms and proof; no prediction is made of default within a fixed number of monthsPrepare child-centred schedules and communication terms without promising fewer disputes or replacing court orders
Property divisionFailing to separate marital from personal property skews the splitReview asset type, origin and prenups. Section 1533 applies equal shares to marital property, not every personal asset; classify debts separately
PrivacyDisputes escalate into hearings that air private matters in courtWe aim to close at negotiation and use a court-approved agreement when needed

Official sources

FAQ

Frequently asked questions

Married in Thailand to a foreigner — where to divorce?

Check the marriage record, parties' status and jurisdiction before choosing registry consent divorce or court proceedings. A Thai divorce is not automatically recognised in every country. Ask the receiving authority about recognition, translations and any authentication sequence. Authentication of a document is not a decision recognising the divorce, and MFA-plus-embassy processing is not a universal requirement.

Is inheritance marital property?

Inheritance or gifts received during marriage are generally personal property under section 1471(3). Section 1474(2) makes a different provision for property acquired during marriage by will or written gift expressly designated as marital property; read the instrument before classifying it. Fruits of personal property are marital under section 1474(3). Substituted property or proceeds under section 1472 do not become marital merely through a change of form.

Can grandparents get custody?

Actually caring for a grandchild does not automatically confer legal parental power. Section 1582 allows full or partial judicial withdrawal on its statutory grounds, including misuse of power concerning the minor or gross misconduct, on the court's initiative or an application by a relative or prosecutor. In divorce proceedings, section 1520 permits withdrawal and appointment of an outside guardian where section 1582 grounds exist, centring the child's welfare and interests. Review grounds and eligibility; grandparents are not guaranteed appointment.

What limits does the amended law place on child discipline?

Civil Code Amendment Act No. 25 (2568), effective 25 March 2025, replaces section 1567(2): discipline for instruction or behaviour adjustment must not involve abuse, violent physical or psychological harm, or wrongful conduct. Parental power is not permission to use violence; calling conduct instruction does not establish legality. Where a child faces danger, assess urgent protection separately from divorce negotiation.

Does withdrawal of parental power end child maintenance?

No. Section 1584 states that full or partial withdrawal of parental power does not release parents from their statutory duty to maintain the minor. Decision-making authority, contact arrangements and financial duties are distinct. Lack of parental power does not itself excuse payment, and a contact dispute does not establish permission to stop paying. Review the actual agreement and orders.

Adultery compensation amount?

There is no fixed compensation amount. Section 1525 leaves assessment to the court according to the circumstances and permits a lump sum or instalments on a court-set schedule. Where the payer is the spouse, the court also considers property received through marital-property division. First assess the relevant paragraph of section 1523, consent or connivance bars and section 1529 timing. Neither every allegation of infidelity nor the amount claimed guarantees an award.

Are prenups enforceable?

Examine content separately from registration formalities. Section 1465 voids prohibited clauses. Section 1466 permits register entry of the terms at marriage, or a written instrument signed by spouses and at least two witnesses, attached and recorded as attached at that same registration. Merely attaching papers is insufficient, and signatures alone do not establish validity. Post-marriage alteration or revocation requires court permission under section 1467; section 1468 protects good-faith outsiders' rights.

Can a parent without parental power still contact the child?

Section 1584/1 allows a father or mother contact with their child as appropriate to the circumstances, regardless of who holds parental power or guardianship. Check legal parental status and existing orders; this is not unrestricted authority to take the child anywhere at any time. Plan dates, location, handovers and communication around safety and the child's life. A payment dispute does not automatically extinguish contact, and denied contact does not authorise unilateral cessation of maintenance. Where risk exists, assess protection and seek judicial conditions rather than using the child to bargain over debt.

Can parental power be reassigned after divorce?

Section 1521 concerns a parental-power holder or guardian under section 1520 who behaves improperly, or where circumstances subsequently change. The court may change the person, centring the child's welfare and interests. It does not authorise self-directed reassignment merely because the other parent remarries, earns less or misses one payment. Preserve divorce terms, existing orders and evidence of care, safety, health and schooling for assessment of the actual grounds. Distinguish reassignment under this section from withdrawal under section 1582 and from changing the maintenance amount.

Does a divorce agreement alone permit immediate judgment enforcement?

Examine the underlying instrument first. A private divorce contract does not become a judgment merely through signature or attachment to the divorce register. With a consent judgment or payment order, check its operative terms, due dates, sums paid and court procedure. With only a contract, assess contractual or statutory relief rather than promising immediate access to judgment execution in every case. Keep originals, notices and transfer evidence; a missing payment date does not extinguish all maintenance rights.

Does property instead of support waive a child's maintenance forever?

Separate the payment method from waiver. Section 1598/40 permits agreement on another form or method of payment, but section 1598/41 prohibits waiver or transfer of the right to maintenance and excludes that right from execution. This protects the recipient's entitlement; it does not prohibit enforcing the defaulting payer's duty. Section 1598/39 allows an interested person to show changed circumstances, income or status for the court to revoke, reduce, increase or restore maintenance, not unilateral adjustment. Verify actual property transfer and the agreement's effect; a paid-in-full clause does not guarantee exclusion of all future child support.

Does a father's name on the birth certificate establish parental power?

A birth certificate records birth; the father's entry alone is not a substitute for legitimation. Section 1546 treats a child born to a woman not married to a man as her legitimate child, unless another law provides otherwise. Section 1547 supplies three routes for unmarried parents: subsequent marriage, the father's registration of the child, or a judgment establishing the child relationship. Establish status first, then separately check court orders and parental power under section 1566. A name in the birth record does not automatically authorise relocation.

Can the mother replace a child's unavailable consent to legitimation?

Section 1548 requires consent from both the child and the mother; the mother's signature does not replace the child's consent. If either disputes paternity, refuses consent or cannot consent, registration requires a court judgment. For a young child, ask the registrar to assess the ability to express consent rather than inventing a fixed minimum age. Silence after notification is not automatic consent. Prepare relationship evidence and relevant court documents; a DNA result alone is not promised to replace every procedural step.

When does legitimation take effect and how are third parties protected?

Under section 1557, legitimate-child status under section 1547 takes effect from birth. It cannot prejudice rights of third parties acting in good faith between birth and the subsequent marriage, registration or final judgment establishing the child relationship. Retroactive status therefore promises neither recovery from every transferee nor every past payment. Examine the particular right, event date and evidence separately. Inheritance under section 1627 has a distinct rule for children acknowledged by their father; absence of registered legitimation does not alone resolve inheritance eligibility.

Are maintenance court fees calculated from the amount claimed?

Do not automatically use the ordinary civil percentage. Section 155 of the Juvenile and Family Court and Procedure Act B.E. 2553 exempts court filing fees and litigation costs from filing a complaint or petition through proceedings seeking maintenance or alimony. It is not limited to child support and does not establish substantive entitlement to payment. With joined divorce, property or other relief, obtain a separate court assessment rather than treating the whole case as exempt. Privately retained counsel, translation and travel are not thereby free services.

Does signing a witnessed divorce agreement end a registered marriage?

Not for a registered marriage. Section 1514 requires writing and signatures of at least two witnesses, while section 1515 additionally requires divorce registration for a marriage registered under this Code. Keep the agreement, register and divorce certificate to establish the effective date. Separate homes or private signatures do not establish single status. Judicial divorce instead follows finality and third-party protection under section 1531.

Does every marital-property transaction require both spouses?

No. Section 1476 lists eight categories for joint management or the other spouse's consent, including sale or mortgage of immovable property, an immovable lease exceeding three years, lending money, compromise and referral to arbitration. Gifts have exceptions appropriate to the family's circumstances for charity, social purposes or moral duties. Check the complete list against the actual transaction rather than extending it to every asset purchase or sale. Management outside paragraph one may be undertaken alone. Section 1476/1 permits a prenup meeting sections 1465–1466 to vary management wholly or partly; unspecified matters remain governed by section 1476.

Is a marital-property sale without consent automatically void?

Do not assume automatic nullity. Section 1480 allows the non-participating or non-consenting spouse to sue for judicial revocation of a transaction requiring section 1476 participation or consent. Exceptions apply after ratification or where the third party acted in good faith and paid value at the transaction; both good faith and value matter. Suit is barred after one year from learning the ground for revocation or ten years from the transaction. Both limits must be satisfied: knowledge does not open a fresh ten-year period, and divorce is not the universal starting date.

Must we divorce before dealing with refused property consent?

Section 1478 permits an application for substitute court permission where consent or signature is refused without reason, or the spouse cannot give consent; permission is not guaranteed in every dispute. Under section 1479, consent must be written if the relevant consent-requiring act legally requires writing or official registration. Separately, section 1534 treats marital property as still present for division where disposed of solely for one spouse's benefit, with intent to harm the other, without legally required consent, or deliberately destroyed. The responsible spouse compensates a shortfall in the other's share; this is not a universal order recovering property from a buyer.

Can spouses privately amend a prenup after marriage?

Two private signatures do not suffice under section 1467 for post-marriage amendment or revocation of a prenup. Court permission is required; following a final order the court informs the marriage registrar. Property agreements between spouses made during marriage are a distinct section 1469 matter, avoidable by either spouse during marriage or within one year after spousal status ends. Sections 1468 and 1469 safeguard good-faith third-party rights; a private arrangement does not automatically release bank obligations or alter a purchaser's rights.

Does every divorced spouse receive spousal maintenance?

Not automatically. Section 1526 concerns a divorce case where the ground is solely the other spouse's fault and divorce impoverishes the claimant because income from property or work is insufficient compared with work undertaken during marriage. The court may award an amount or nothing, considering payer ability and recipient position. Unequal incomes alone establish neither entitlement nor a fixed percentage. This remedy differs from child support and infidelity compensation. The section 1526 claim must be raised by claim or counterclaim in that divorce case, otherwise the right ends; do not assume it can first be brought after divorce.

How do illness-based divorce and remarriage affect maintenance?

Section 1527 separately addresses divorce for insanity under section 1516(7) or a serious communicable disease under (9): the other spouse must provide maintenance to the affected spouse, calculated by analogy with section 1526. Illness alone proves neither the specific divorce ground nor a payment entitlement; establish its statutory elements. Section 1528 ends the recipient's maintenance right when the recipient remarries, not when the payer remarries. It does not automatically extinguish child support; assess separate rights and outstanding sums.

Can the court order temporary housing or support during divorce?

During a pending divorce case, either party may request section 1530 temporary arrangements. The court may order what it considers appropriate concerning marital property, residence, spousal support or child protection and support. Provide the necessity facts and requested relief; neither immediate orders nor an amount are guaranteed. Interim relief does not replace raising a section 1526 maintenance claim in the divorce case. With changed circumstances, income or position, section 1598/39, applied by analogy through section 1526, permits judicial revocation, reduction, increase or restoration, not unilateral adjustment or cessation of payments.

Does a third-party compensation claim always require divorce?

Separate the two statutory bases. Section 1523 paragraph one concerns compensation following a divorce judgment under section 1516(1), from the spouse and the maintained or exalted person or person causing the divorce. Paragraph two provides a claim against someone engaging with the spouse in an adulterous manner or openly representing such an adulterous relationship; it does not state a prerequisite of a divorce judgment. Do not impose identical conditions on both paragraphs or assume suspicion or a single image proves every element. Counsel must assess evidence and the relief sought.

Are compensation rights under the amended law gender-specific?

Amendment Act No. 24 (2024), section 49, replaces section 1523 using gender-neutral spouse and third-party terminology rather than older husband-only or wife-only formulations. Check the event date and law applicable to the facts. Paragraph three bars compensation for a spouse consenting to or conniving in the specified conduct, and section 1523 claims fall within section 1529's one-year actual-or-constructive-knowledge rule. Marriage equality does not remove these bars or timing requirements.

Does every divorce claim have a one-year deadline?

No. Section 1529 paragraph one applies one year from actual or constructive knowledge of the alleged facts to claims based on sections 1516(1), (2), (3), (6) or 1523, not every divorce ground. Paragraph two permits expired grounds to support a divorce claim on another ground; this provision contains no third paragraph guaranteeing unlimited reliance on other grounds. Distinguish isolated events, new acts and continuing circumstances from evidence rather than assuming continuation extends every deadline.

Can consent or forgiveness prevent relying on the same divorce ground?

Section 1517 restricts reliance on section 1516(1) and (2) where the claimant consented to or connived in the conduct. Under section 1518, conduct showing forgiveness extinguishes the divorce right arising from that act. Examine circumstances: shared residence or communication alone is not asserted as automatic forgiveness, nor does forgiveness of an earlier act necessarily cover every later act.

When does a judicial divorce take effect?

Under section 1531, judicial divorce takes effect when the judgment becomes final, not automatically on filing or delivery of judgment. It cannot prejudice a good-faith third party's rights until divorce registration. The inter-spousal property accounting date under section 1532 is a separate rule; obtain evidence of finality and check subsequent registration steps.

We married abroad — can we divorce in Thailand?

Check marriage validity, status records, jurisdiction and applicable law; divorce in Thailand is not assured in every case. Translation or authentication depends on the receiving court or registry. Recognition of the resulting divorce abroad is a separate destination-specific question.

Can the maintenance amount be varied later?

Under section 1598/39, an interested person may show changed circumstances, income or position for judicial revocation, reduction, increase or restoration of maintenance. The requested amount is not guaranteed. Review existing terms or orders and evidence from payer and recipient; do not unilaterally stop payment or change the amount while awaiting a decision.

Does the at-fault spouse lose all parenting rights?

No; the court centres the child's interests, and fault towards a spouse is not decisive on its own.

Am I liable for debt one spouse incurred alone?

Do not classify debt solely by the signatory or a family-use label. Section 1490 includes four categories incurred by one spouse during marriage: household and necessary family expenses appropriate to their circumstances; marital-property debts; work carried on together; and personal-benefit debts ratified by the other spouse. Under section 1488, personal debt is paid first from that spouse's personal assets, then their marital share if insufficient. Section 1489 exposes marital assets and both spouses' personal assets to joint debt. Review the contract, purpose and evidence of ratification.

Does assigning all debt to my ex release me from the bank?

Section 1535 allocates equal responsibility for debts borne together on termination of marriage. An inter-spousal assignment to the other spouse does not itself establish release by the creditor. Check debtor, co-borrower or guarantor status and actual creditor documentation accepting substitution or release. Inter-spousal reimbursement rights are distinct from the bank's contractual rights; do not stop paying solely on the divorce agreement.

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Written by: Thai Law & Accounting Services — attorneys and licensed accountants

Professional review: A lawyer must review the applicable law and facts before use in a real matter. This notice does not establish that this page has been reviewed or certified by a lawyer.

Last updated: 2026-08

Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.

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