Who gets property in a divorce in Thailand upon termination of the marriage. My question now is, how to divide our marital assets, is there a formula for it under Thai law. Are there guidelines how to calculate a fair divorce settlement in Thailand?
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Division of marital property and keeping personal property in a divorce
Marriage in Thailand creates jointly owned marital property (property of husband and wife). Upon divorce all property of husband and wife (jointly owned marital assets and debts) shall be divided equally between man and woman (section 1533). Division of marital assets in a divorce is often a subject of disagreement and who gets what often comes down to negotiation and who can prove what he or she has brought into the marriage as personal property (do you have a prenuptial agreement). The law specifies that in case of doubt, whether a property or debt is personal or marital, it will be considered marital (section 1474) and therefore subject to an equal division. Without any evidence of an asset being personal (in Thai referred to as 'Sin Suan Tua' and described in section 1471) any assets acquired during the marriage will be considered property of husband and wife (called 'sim somros' in Thai and described in section 1474) and subject to an equitable distribution.
To prevent disputes over assets and improve your legal position in a divorce it is recommended to have a prenuptial agreement and keep a registration of personal assets. Personal assets are separate assets and are not divided during divorce.
Gifts and contracts between husband and wife
When you made an agreement with your spouse (a gift is also considered a contract under Thai law) concerning personal or marital assets then such agreement can be voided during marriage or within one year from the day of dissolution of marriage (section 1469). During a divorce, looking at property of husband and wife, any contract, like a loan or gift, can be voided and the return of the money shall be governed by the provisions on Undue Enrichment (406 - 419 civil and commercial code).
Answered 9 years ago
Division of assets in a divorce under Thai divorce laws
In a mutual consentdivorce it depends on what you can agree with your spouse, there is no judge or court involvement but you have to agree on certain subjects (read link to sections divorce laws in Thailand below) and register the divorce and terms with the local amphur (municipality). When it is a contested divorce, when you cannot agree with your spouse on the terms of divorce, it is decided for you by a judge in court based on the law and sometimes individual circumstances.
Section 1533 Upon divorce, the matrimonial property shall be divided equally between man and woman. มาตรา 1533 เมื่อหย่ากันให้แบ่งสินสมรสให้ชายและหญิงได้ส่วนเท่ากัน
Section 1535 Upon termination of the marriage, the man and woman shall be liable for common debts equally. มาตรา 1535 เมื่อการสมรสสิ้นสุดลง ให้แบ่งความรับผิดในหนี้ที่จะต้องรับผิด ด้วยกันตามส่วนเท่ากัน
To understand 'property of the marriage' or jointly owned property of husband and wife in Thailand I recommend reading the law sections governing Marriage and Property. To understand divorce law and division of assets, responsibilities, grounds for divorce and such I recommend reading Thailand Divorce laws.
When only marital property (and marital debts) is divided equally, and personal property not, it often comes down to what you can prove in court what your personal property is, because in case of doubt (section 1474 Thai Marriage Laws) as to whether a property is a matrimonial asset or not it shall be presumed to be jointly owned marital asset, (in Thai ถ้ากรณีเป็นที่สงสัยว่าทรัพย์สินอย่างหนึ่งเป็นสินสมรสหรือมิใช่ ให้สันนิษฐาน ไว้ก่อนว่าเป็นสินสมรส). Marital property is a matter of calculating from the date of marriage. A good way to prevent discussions over assets is to do a prenuptial agreement, list your personal assets at the time of mariage and keep a form of accounting of personal assets (with proof) and property of the marriage during the course of the marriage.