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Law in Thailand regarding the engagement ring in a breakup


drvin

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Would like some guidance here.  In thailand if an engagement breakup is mutual before the wedding, what is the custom and the law regarding the return of the engagement ring to the donor.  The ring was bought and given in the USA where the laws are that the ring must be returned, but in Thailand, what laws would apply as the ring is in thailand now?

Edited by drvin
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My understanding is that if in the case of the payment of a dowry or the purchase of any "kong mun" (items of engagement) before marriage, there is no requirement on the part of the lady to return it if the man calls things off or it's called off by mutual agreement.  If, however, she does something which could reasonably be considered as reason to call the wedding off, then she has to return all dowry / "kong mun" and there may be an expectation that she should pay back what she was given x2 or x3 as compensation for loss of face for what has happened

Edited by mstevens
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Are you for real 

You bought her a ring & now you want it back - Maybe the other people you read about that have lost a lot more will come in & advise (Oh guess what, I am one of them ), & as it was only money it means the wife NO HAVE (common phrase in Thailand )

 

First of all she should use a 3 x 2 bit of wood when you ask for it back 

 

2 nd thing is she would of seen it as a gift & since being of value could hock it if needed  

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https://www.thailandlawonline.com/thai-family-and-marriage-law/family-law-sections-marriage-and-engagement

 

Section 1439 and 1440 appears to support mstevens post #4. I would say that if the woman calls off the engagement, she should return the ring. The over-arching principle in play here is that no one should receive undue enrichment in the process.

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10 minutes ago, BEVUP said:

Are you for real 

You bought her a ring & now you want it back - Maybe the other people you read about that have lost a lot more will come in & advise (Oh guess what, I am one of them ), & as it was only money it means the wife NO HAVE (common phrase in Thailand )

 

First of all she should use a 3 x 2 bit of wood when you ask for it back 

 

2 nd thing is she would of seen it as a gift & since being of value could hock it if needed  

None of this matters... 

 

The Op wants to know what his legal options are, if there are any. 

 

The ring could be viewed as a contract which if broken should be returned... I'm not privy to the Thai law on this.

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1 minute ago, richard_smith237 said:

None of this matters... 

 

The Op wants to know what his legal options are, if there are any. 

 

The ring could be viewed as a contract which if broken should be returned... I'm not privy to the Thai law on this.

& I suppose he had a Prenupt 

I think some people should join the real world

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1 hour ago, mstevens said:

My understanding is that if in the case of the payment of a dowry or the purchase of any "kong mun" (items of engagement) before marriage, there is no requirement on the part of the lady to return it if the man calls things off or it's called off by mutual agreement

If a woman/family claims things that are not true to enhance her 'Sin Sot' then that is fraud. Examples being she claims to be a virgin, has a Uni degree, has never been married before etc etc the 'Sin Sot' has to be repaid. You don't pay top wack for fake items.

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1 hour ago, bkkgriz said:

There is no law that an engagement ring must be returned. It is treated as a gift. People with a sense of ethics would probably return the ring, but those are in short supply these days.

In the US there some States where laws demand the ring be returned. Those States see the rings as a conditional gift for an agreed upon marriage. However, there may be exceptions; usually depending upon who cancels the wedding. If the decision to cancel the wedding were the giver of the ring, then the ring may be kept. If the decision to cancel the wedding was the recipient's or if it were a mutual decision, then the ring should be returned. However, other states say a gift is a gift.

https://family.findlaw.com/marriage/what-happens-to-the-engagement-ring-in-a-broken-engagement.html

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2 hours ago, BEVUP said:

Are you for real 

You bought her a ring & now you want it back - Maybe the other people you read about that have lost a lot more will come in & advise (Oh guess what, I am one of them ), & as it was only money it means the wife NO HAVE (common phrase in Thailand )

 

First of all she should use a 3 x 2 bit of wood when you ask for it back 

 

2 nd thing is she would of seen it as a gift & since being of value could hock it if needed  

A matter of opinion here.  An engagement has been traditionally viewed as a pre marriage contract and the male seals the contract by giving a ring.  The female seals the contract by accepting the ring.  As it was owned by the male prior to the engagement then why shouldn't he have it back.  It was his property and if she has changed her mind then she should give it back, certainly ethically if not legally.

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In the US it depends on the state and the circumstances if the ring is returned or not. If the guy breaks off the relationship without a good reason (cheating) then he forfeits the ring. If the girl calls off the wedding without a good reason then she is obligated to return the ring

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43 minutes ago, car720 said:

An engagement ring is not a friendship ring.

Duh, it don't matter, where I come from ,if the lady gets pissed of whatever it is an engagement or friendship, ring, a ring is a ring and she Will toss it

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