After a Divorce many couples can not agree on “who-gets-what” and everyone involved including children and respective families will suffer during the ensuing struggle.
In most divorces there will be disputes about how marital property is split between the spouses after the divorce is granted.
Under Thai Law, properties during divorce may fall into two categories; (a) “Sin Suan Tua” as separate property, and (b) “Sin Somros” as marital property.
DEFINITION OF PROPERTY TYPES
Marital property in Thailand is categorized into 2 types.
Thai courts view these two property types when you are negotiating a Divorce in Thailand.
If you are unclear about which property belongs in each category you may consult with one of our TSL Family Lawyers for advice.
SIN SUAN TUA
- Property that is considered as separate property to a marriage are the following:
- Property belonging to either spouse before marriage;
- Property for personal use, clothes or ornaments;
- Property acquired by either spouse during marriage by will or gift;
- Khongman (dowry).
- Property that is considered as marital property are as follow:
- Property acquired during marriage;
- Property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros;
- Fruits of the Sin Suan Tua (fruits of the separate property);
- In case of doubt as to whether a property is Sin Somros or not, it shall be presumed to be Sin Somros.
- The sharing of Sin Somros is most likely to be the subject of dispute during a Divorce in Thailand, although Sin Suan Tua is also sometimes disputed.
- A 50-50 split of the Sin Somros is the reasonable outcome if an agreement to this reached. If investments during marriage have included money or company shares, the sharing is relatively simple.
- On the other hand, investments such as houses and vehicles cannot be physically split in half without altering or losing the use and value of the property.
In such cases, a compromise must be agreed between the parties in order for them to arrive at a divorce agreement, and this may involve sale of all marital property and splitting of the proceeds.
If you have entered into a valid Thailand prenuptial agreement, make sure that your Thai lawyer will take into consideration the provisions on property sharing specified therein.
- Pre marriage arrangement including protection of any individual assets should be carefully planned. The Prenuptial Agreement should be prepared in both the Thai and English languages so that it is legally binding in both Thailand and the Expat’s home country. The Prenuptial Agreement is less likely to be contested if it is prepared and signed well in advance of the marriage date.
- Choosing a Thai law firm specializing in international law to assist you with your Divorce in Thailand in Thailand will ensure that you are properly represented. If you would like assistance with a Divorce in Thailand, marital property or child custody please consult TSL.