Will a Thai Divorce Apply My Country’s 50/50 Rule to My Pre-Marriage Assets?

[yozah]

I’m a foreigner planning to marry in Thailand, but I’ve read that if a couple has no prenuptial agreement, a Thai court will apply the husband’s home-country divorce rules to divide movable assets. My country allows a 50/50 split of all property—including what I owned before the wedding. If I later divorce in Thailand, could the court follow my national law and give my Thai wife half of my pre-marital savings, stocks, or crypto? 

[KhunLA]

No

[yozah]

3 minutes ago, KhunLA said:

No

 

https://www.samuiforsale.com/law-texts/thai-act-on-conflict-of-law.html

 

Section 22 – Thai Conflict of Laws Act (B.E. 2481)
“As regards property of husband and wife, if there is no antenuptial (prenuptial) agreement, the law of nationality shall govern. If the husband and the wife are of different nationalities, the law of nationality of the husband shall govern.

However, in respect of immovable property, the law of the place where it is situated shall govern.”

[koolkarl]

$100 to get married' $500,000 to get out of it.  

[Mike_Hunt]

On 6/15/2025 at 6:11 PM, yozah said:

I’m a foreigner planning to marry in Thailand, but I’ve read that if a couple has no prenuptial agreement, a Thai court will apply the husband’s home-country divorce rules to divide movable assets. My country allows a 50/50 split of all property—including what I owned before the wedding. If I later divorce in Thailand, could the court follow my national law and give my Thai wife half of my pre-marital savings, stocks, or crypto? 

The 50/50 split is harsh.   Where I live anything before a marriage is my property. 

[OldmanJ]

Definitely not,NO.If children are involved you may get a bit more than zero nothing if your lucky.

[fredwiggy]

Everything that's yours before the marriage is yours in a divorce. Anything you accrue during the marriage is to be split 50/50. Mostly the same as the west. 

[fittobethaied]

3 hours ago, Mike_Hunt said:

The 50/50 split is harsh.   Where I live anything before a marriage is my property. 

Yes, but only if the asset remains in your name after marriage and has never been shared jointly during your marriage. For example, even a bank account that was in your name remains your property after marriage so long as your wife never has access to those funds after marriage.

[khunPer]

Why not just make a prenuptial agreement, it will clear all doubt...

[mogandave]

You’re either all in or you’re not.