Marraige / Divorce Laws

[PeterH]

Does anyone know the Thai law / most likely outcome if a marriage which has been registered between a farang man and a Thai lady breaks up? What rights to property / bank accounts does the lady have under divorce laws and what is the court's most likely decision? Also, is a pre-nuptial agreement enforceable?

[Luckydog]

My Lawyer says they (the Thai wife) usually gets 50% of everything.

So a prenup is vital imo.

I certainly benefited from having one when I got Divorced the other day!

But you MUST register it at the time of getting hitched or it is not valid.

Thai ladies HATE them, naturally.......

[bendix]

At the risk of repeating myself, Luckydog is wrong and I suspect his lawyer is an idiot.

Assets acquired before a marriage remain intact. Only assets accumalated AFTER the marriage are subject to be split 50/50.

We've tried telling Luckydog this a hundred times already, but he doesnt seem to get it.

[Luckydog]

Are you a Lawyer Bendix?

I can only tell you what my lawyer says......and he is no idiot!

Edited March 26, 2007 by Luckydog

[gharknes]

what happens if you are just living with someone not married but you have a child to them, not me but a friend who is having big problems getting shot of someone that is making his life hel_l.

[Gary A]

My Lawyer says they (the Thai wife) usually gets 50% of everything.

So a prenup is vital imo.

I certainly benefited from having one when I got Divorced the other day!

But you MUST register it at the time of getting hitched or it is not valid.

Thai ladies HATE them, naturally.......

So what exactly did your pre-nup gain for you?

[Mobi]

What about assets held by the farang that are outside Thailand - offshore investments and the like? Does the lady get 50 % of these? And what powers to the courts have to go after them?

Another interesting aspect of Thai divorce is that it is my understanding that both parties must agree, or no divorce. There is no such thing as a 'nofault', automatic 2 year separation type of thing. I have noticed this in several instances where the woman wants a divorce from a Thai man, but he refuses, even though the marriage has broken down and he no longer lives with her. As I see it, and correct me if I'm wrong, that as long as he doesn't agree to divorce, there's nothing she can do about it, and hence no settlement of the assets. Presumably she could come after him for living expenses and possible child support, but I imagine that would be pretty tough to do in Thai courts and even tougher to enforce.

Any budding lawyers know about these things? Might be useful for future reference.

BTW the last person I would seek advice from is a local, 'high street' lawyer. Most of them make it up as they go along - anything to generate money, and in many instances to screw the farang and/or to take backhanders from both sides in any dispute.

[bendix]

Are you a Lawyer Bendix?

I can only tell you what my lawyer says......and he is no idiot!

I work for the biggest law firm in the world.

Furthermore, someone on your other post works in the law department of one of the top universities in Bangkok. He/she asked 38 law professors the same question. All agreed with me.

I'm not sure who your lawyer is and don't want to criticise him. But their advise to you is either out-of-date, erroneous, or they communicated it badly and you misinterpreted it.

[bendix]

What about assets held by the farang that are outside Thailand - offshore investments and the like? Does the lady get 50 % of these? And what powers to the courts have to go after them?

BTW the last person I would seek advice from is a local, 'high street' lawyer. Most of them make it up as they go along - anything to generate money, and in many instances to screw the farang and/or to take backhanders from both sides in any dispute.

On the first point, Mobi, the location is irrelevant. If they were held by the farang before the marriage, they remain his. If they are accumulated after the marriage, they are split 50/50.

As for powers of the courts, well that's the million dollar question but it applies everywhere, not just to Thai courts.

On the second point about high-street lawyers. Spot on. Most are halfwits at best, corrupt at worst.

[bendix]

I've just googled thai divorce law and found several sites which talk about it. They all agree on what I've said already. Below is an extract from one website - there are dozens of similar descriptions on other sites . . .

PROPERTY SPLIT UNDER THAI LAW

Under Thai Marriage Law any property that either party had at the start of the marriage remains 100% even without a pre-nuptial agreement. Any property that either party acquires during the course of the marriage is split 50:50 on divorce.

In this regard Thai law is very different from UK law. Should you choose to divorce in the UK following a Thai legal marriage it will be treated under UK law only.

It is as well to note that at the present time it is illegal for foreigners to own land in Thailand although they may own certain types of property. If you have bought land with your Thai wife you will lose all entitlement to it upon divorce.

[Mobi]

On the second point about high-street lawyers. Spot on. Most are halfwits at best, corrupt at worst.

Yes, we all have a good laugh at the naive farang who meets a girl one month, marries her the next and buys some land in her name and assures us: 'Don't worry, I trust her with my life'

But we all nod sagely when a farang says: 'I have found a good, honest Thai lawyer who I trust completely.' What a joke!

Did your web pages on Thai divorce say anything about both parties agreeing before a divorce was possible?

[Farma]

What about assets held by the farang that are outside Thailand - offshore investments and the like? Does the lady get 50 % of these? And what powers to the courts have to go after them?

Another interesting aspect of Thai divorce is that it is my understanding that both parties must agree, or no divorce. There is no such thing as a 'nofault', automatic 2 year separation type of thing. I have noticed this in several instances where the woman wants a divorce from a Thai man, but he refuses, even though the marriage has broken down and he no longer lives with her. As I see it, and correct me if I'm wrong, that as long as he doesn't agree to divorce, there's nothing she can do about it, and hence no settlement of the assets. Presumably she could come after him for living expenses and possible child support, but I imagine that would be pretty tough to do in Thai courts and even tougher to enforce.

Any budding lawyers know about these things? Might be useful for future reference.

BTW the last person I would seek advice from is a local, 'high street' lawyer. Most of them make it up as they go along - anything to generate money, and in many instances to screw the farang and/or to take backhanders from both sides in any dispute.

Experience in Thai courts has shown the court has no real power to rule on foreign assets. Advice from a legal counsel also stated the court has no authority to enforce rulings on foreign assets or payments by a foreigner. The court does take these foreign assets into account if they are proven to exist but there’s nothing they can do about them.

From my experience any ruling on foreign asset sharing or child payments will be along the lines of “x will pay the amount of……to the child”. There are no time limits or stipulations on how or when this amount will be paid. I.E. Legal speak for, we would like you to do it but can’t enforce it.

On the subject of a contested divorce, the only option for a woman in the situation mentioned is to go through the court system. This long drawn out and sometimes costly procedure will rule on the divorce, child custody and asset split.

BTW I’m not a lawyer, just had some experience in these matters.

[bendix]

Did your web pages on Thai divorce say anything about both parties agreeing before a divorce was possible?

Yes, and I don't think you're 100% right Mobi.

My reading of it is that it's similar to divorce in most western countries. Where two parties agree, it's as easy as falling off a log. If only one party wants it it's a bit of a process involving a court hearing (which you MUST attend) and which the court will make a ruling on based on the usual reasons: adultery, abandonment, seperation for three years etc.

So my (admittedly) limited understanding is that it's pretty much identical to what most of us are used to and is not so stringent as you initially suggested.

[Farma]

...... If only one party wants it it's a bit of a process involving a court hearing (which you MUST attend) and which the court will make a ruling on based on the usual reasons: adultery, abandonment, seperation for three years etc.......

In the court each party is only required to attend once. Your lawyer can attend on your behalf for rest of the hearings.

You are not required to attend any further hearings if the case goes to appeal or the high court. Your lawyer submits papers or appears on your behalf.