Case Law

Thai Supreme Court ruled that spousal maintenance may continue after divorce. Under section 1526 civil code, support ends only when the recipient becomes financially independent.

Once paternity is legally declared, a foreign father’s child-support duty begins immediately under section1564 civil and commercial code. Nationality or cultural norms do not delay enforcement.

Supreme Court of Thailand decision confirming that foreign wills/trusts may be recognized under Thai law if valid in their originating jurisdiction; reaffirming that non-Thai heirs inheriting Thai-situated assets are liable under the Inheritance Tax Act B.E. 2558; clarifies valuation date, asset types, and liability thresholds

A fake loan used to conceal foreign ownership through nominee shareholders was voided. Courts enforce the Foreign Business Act and reject simulated transactions under section 150 civil and commercial code.

A parent who voluntarily reduces income cannot use it to lower child-support obligations. Thai courts apply earning capacity under section 1564 civil code to protect the child’s needs.

Thai Supreme Court rules that a Phuket 90-year leasehold (30 years + two automatic 30-year renewals) breached Civil Code section 540’s 30-year cap. Renewals void; tenant ordered to vacate and pay ฿30 000/month until compliance.

Thai courts can enforce child-support orders against a foreign father if the child lives in Thailand. Jurisdiction and enforcement are valid under section 1564 civil and commercial code, even if the parent is abroad.

Thai Supreme Court Decision 337-2530 (1987): Interspousal Gift Converts Marital Property to Personal

A Thai mother can sue a foreign father for both paternity and child support in one case. The Court ruled that proven paternity creates a support duty under section 1564 civil and commercial code.

Private child-support agreements are voidable unless approved by a Thai court. Under section 1564 civil and commercial code, support must meet the child’s needs and cannot be waived (read more...).

If the divorce agreement attached to the divorce registration does not clearly assign parental power, the default is joint parental power under section 1566.

If a Thai holds land “in name only” for a foreigner who supplied the money and controls it, the deal is void under section 150 of the civil and commercial code and section 86 of the Land Code Act and section 94 applies and land disposal kicks in.

A Thai company fully funded and controlled by a foreigner was ruled a de facto foreign entity. Land ownership was voided under the Land Code Act section 86 and the FBA.

This ruling reaffirms the Thai Supreme Court’s stance that spousal maintenance rights cannot be waived, even by mutual agreement in a prenuptial contract. Referencing its earlier decision in 1885/2541, the Court struck down another attempt to contract around the legal obligation of post-divorce support, emphasizing that sections 1465 and 1535 of the Civil Code represent public-order protections.

In this 2024 ruling, the Thai Supreme Court confirmed that a spouse may request interim monthly support while a divorce case is still pending. Citing Section 1461 of the civil and commercial Code, the Court emphasized that the legal duty of support continues throughout divorce proceedings, not only after the final decree. This case reinforces protections for financially dependent spouses during litigation.

Thai Supreme Court ruled that a prenuptial clause waiving post-divorce spousal maintenance is void, as maintenance is a protected right under Thai law section1465 civil code (click to read more...).

Using a Thai company as a nominee to acquire land for foreigners violates Land Code section 86. The Court cancelled the title and declared the contract void.

the Court ruled that when land is purchased in the Thai spouse’s name using funds from the foreign spouse’s personal assets, the land may still be registered as the Thai spouse’s personal property. However, under Section 1474 of the Civil and Commercial Code, the foreign spouse is entitled to reimbursement of the amount contributed, as such a declaration at the Land Office does not override the statutory protections of marital property law.

Thai courts can require a parent to fund future education and medical costs via a lump-sum deposit. Support orders under section 1564 civil and commercial code may go beyond monthly payments.

Supreme Court Judgment 1396/2518 confirmed a secret-document will is valid if executed properly under Section 1660.

In Decision No. 1296/2558 (2015), the Supreme Court held that, even if one spouse funded construction of a house before marriage, it can still be considered marital property if used during the marriage. The ruling reinforces that when in doubt, property is presumed to be marital.