If you are considering marriage in Thailand as well as a prenuptial agreement then consider the divorce as well as it will tell you what Thai law says about marital property in divorce. Note that the divorce laws in Thailand is vastly different to the divorce laws in the West. Always take legal advice from a qualified attorney in Thailand. This website only gives you a very brief overview of these laws.
The 2 types of Divorces in Thailand are the:
1.) Contested Divorce, which might be costly.
2.) Uncontested Divorce, which is much economical and are commonly called Administrative Divorce.
Thai & Thai divorce. Most Thai’s terminate their marriage by virtue of an Uncontested Divorce in Thailand. This is the much favorable option because it appeals to further conflicts between both parties, and also their families. As much as possible, Thai couples will resolve issues regarding child custody and marital property in private. But, in rare cases, when a settlement cannot be reached, the couple would consult with a lawyer to help them in preparing a draft of a Thai Divorce Agreement. This will be registered at the local Thai District Office when they get their divorce in Thailand.
Thai & Foreigner divorce. Thailand’s exposure to the world in terms of tourism and commerce has resulted in many relationships and marriages between Thai nationals and foreigners. Unfortunately, distinctions between lifestyle, society and language have strained some of these relationships and Thai Divorce has become unavoidable.
Most of the time, the Thai spouse would recommend an uncontested divorce if the Marriage Registration took place in Thailand, as it is more likely favored by Thais. Most countries recognize the uncontested divorce, but only under exceptional conditions. Foreigners should be very careful before having an uncontested divorce. The reason is because not all countries accredit this type of divorce, and may impose complications mostly when the foreigner has plans to remarry.
Foreigner & Foreigner divorce. Foreigners who wish to a divorce in Thailand must ask counsel from a lawyer, so they may be advised on to how they can proceed with the divorce in Thailand. Your Thailand Divorce Lawyer must be able to guide you whether your country honors a divorce received in Thailand. Some cases where couples undergo a divorce, only to discover that the Divorce is not recognized in their state.