In the absence of a prenuptial agreement, Thailand courts will normally apply the Thailand law of Community Property to divide assets and alimony in a divorce case. Exceptions to the general rule include cases where the Thailand Conflict of Law Act requires the application of foreign (non-Thai) law. This can occur if one or both divorcing spouses have a non-Thai nationality or when the spouses have married abroad.
Another significant exception to the general Thailand Community Property rule is in situations where the spouses executed a lawful prenuptial agreement that specifies a change in the division of marital property different from the Thailand Community Property law between the spouses.
Although Thailand law provides for excluding income and assets from the community property rules, there are limits to the extent this can be done. For example, spousal maintenance (alimony) is treated differently than other assets in a divorce situation.
There are also other special considerations for prenuptial agreements in Thailand. For example, a prenuptial agreement must be officially registered in Thailand before the marriage. In the US and other western countries, premarital agreements are generally a private agreement between spouses and do not need to be registered with the government. Moreover, Thailand will only register prenuptial agreement that conform to Thai law.
Our attorneys have assisted in drafting and registering hundreds of domestic and international prenuptial agreements, advising on agreements for our clients. Our partners are internationally recognized experts in the field of international prenuptial law and procedure and have published academic articles and have assisted in training attorneys in international prenuptial agreement law and drafting techniques. We have assisted scores of foreign lawyers in navigating the maze of international law practice. Many of our clients have been persons with significant assets in Thailand and abroad who have placed their trust in our multi-disciplinary team of international attorneys.