Divorce - No division of assets

[TPDH]

Hi

 

Me and my wife are getting an uncontested divorce at the amphur. There’s no children or shared assets or properties etc. We will keep each others assets separate. 

 

How can we get this in writing that we will keep each others assets to our self and there won’t be any division of assets? Is that a separate agreement we should bring to the Amphur or is that somehow added into the documents we sign at the Amphur?
 

Thank you. 

[johng]

I believes they will ask both parties at the amphur about shared "stuff" and if both agree then there is no "plomplem"   no need for lawyers and written affidavits if both parties agree.

[TPDH]

12 minutes ago, johng said:

I believes they will ask both parties at the amphur about shared "stuff" and if both agree then there is no "plomplem"   no need for lawyers and written affidavits if both parties agree.

I see. I would feel better about having that in writing though so there’s no future problems about that? 

[johng]

Once you are divorced then that is that....

[terryq]

48 minutes ago, TPDH said:

I see. I would feel better about having that in writing though so there’s no future problems about that? 

It is 'in writing'. Answers made by both parties relating to assets and children are recorded in the Amphurs  divorce documentation.

 

You can get a copy of it.

 

 

[TPDH]

Thank you. Does anyone know where you can get a simple agreement for division of assets? 

[sikishrory]

As others said it is discussed and recorded at the amphur on the day and then you are divorced.

There is a small fee on the day of 200b or something. Ex wife paid it as I had no cash on me. Kind of funny at the time.

[Sydebolle]

It's called a lawyer working in a law office ........... and is a matter of common sense - me thinks! 

[James26]

If you walk into Amphur without a Marriage Settlement Agreement in both Thai and English, you are likely to have a problem. You and your wife should get an attorney to write one to your mutual satisfaction. Doing so will negate any issues at the Amphur you will surely have without one.

[Upnotover]

5 minutes ago, James26 said:

If you walk into Amphur without a Marriage Settlement Agreement in both Thai and English, you are likely to have a problem. You and your wife should get an attorney to write one to your mutual satisfaction. Doing so will negate any issues at the Amphur you will surely have without one.

I didn't have any problem.  The boss lady did have quite a chat with my ex to be 100% sure she was happy for our non-financial/clean break, but once that chat was over no problems.

[jippytum]

normally in Thailand  the post marriage property and assets are shared 50/ 50.

Assest owned pre marriage are not included in the settlemen. 

If you are in agreement the Amphur will record your wishes and proceed with the divorce for a small fee. Mine was 50 baht. 

[newbee2022]

On 11/12/2024 at 4:26 PM, TPDH said:

Hi

 

Me and my wife are getting an uncontested divorce at the amphur. There’s no children or shared assets or properties etc. We will keep each others assets separate. 

 

How can we get this in writing that we will keep each others assets to our self and there won’t be any division of assets? Is that a separate agreement we should bring to the Amphur or is that somehow added into the documents we sign at the Amphur?
 

Thank you. 

Lawyer required 

[john donson]

lawyer, lawyer, they smell money and can you trust any here?  

 

a good thai friend (woehahaha) , maybe ex husband of your soon to be ex... kidding

[Bangkokhatter]

There is absolutely no reason to waste money on a lawyer to obtain a divorce where both parties are in agreement.

 

As others have said just turn up at the Amphur with your wife, they will have a chat and then the agreement gets recorded on the form of which you can get a copy.

 

I will add if you don't speak or read Thai you will need to bring along someone who does because you are required to understand what is written on the document.

[jas007]

On 11/12/2024 at 4:26 PM, TPDH said:

Hi

 

Me and my wife are getting an uncontested divorce at the amphur. There’s no children or shared assets or properties etc. We will keep each others assets separate. 

 

How can we get this in writing that we will keep each others assets to our self and there won’t be any division of assets? Is that a separate agreement we should bring to the Amphur or is that somehow added into the documents we sign at the Amphur?
 

Thank you. 

 

Were you guys married in Thailand and was the marriage recorded? Or was it just a "traditional' marriage? There seem to be a number of considerations.  I'm not going to play lawyer on here, but if it were me, I'd consult a Thai attorney familiar with both Thai and International law and applicable treaties. I'd have an agreement drawn up wherein all parties agree to the division of assets, if any. Have that agreement recorded.  

 

Remember, the world is a big place with many legal jurisdictions.  Anything can happen.  

 

 

[jas007]

Some people confused? If so, you probably haven't seen many divorce cases gone crazy.

 

The OP doesn't say where he's from or even if he has any assets anywhere in the world.  Maybe he's penniless and will remain penniless until the day he dies. But maybe not.  Some people have various assets that can be seized, including pensions. 

 

It's better to assume the worst.  Maybe the OP is from the USA, for example.  Fifty states and 50 different jurisdictions. Fifty sets of laws. Maybe he leaves Thailand and goes back to the USA.  He moves to a state with draconian divorce laws and resumes his life.  Years later, a crazy woman somehow shows up in America and tracks him down.  She finds an attorney who will take the case just to make money, and she spins a tale of woe about promises made by the OP while they were married. She alleges that she was "tricked" into signing certain documents in Thailand, and things escalate from there.  The judge in the case is a mean feminist who wants to see that the woman gets "what she's entitled to."  Anyway, at that point, anything can happen. Even if the woman has no real case, by that time the OP has spent $$$$ on an attorney.  Maybe lots of money.  And once these things start, they can go on forever. 

 

Believe it or not, that's just a simplified version of what can happen.  I've seen cases that start out overseas, supposedly end with a divorce overseas, and yet pop up again in the USA, sometimes spanning multiple jurisdictions there.  Don't think it can't happen. Probably not, but you never know.

 

As I said, if it were me, I'd pay a little bit of money to a Thai lawyer and see that it's done right. 

[TPDH]

1 hour ago, jas007 said:

Some people confused? If so, you probably haven't seen many divorce cases gone crazy.

 

The OP doesn't say where he's from or even if he has any assets anywhere in the world.  Maybe he's penniless and will remain penniless until the day he dies. But maybe not.  Some people have various assets that can be seized, including pensions. 

 

It's better to assume the worst.  Maybe the OP is from the USA, for example.  Fifty states and 50 different jurisdictions. Fifty sets of laws. Maybe he leaves Thailand and goes back to the USA.  He moves to a state with draconian divorce laws and resumes his life.  Years later, a crazy woman somehow shows up in America and tracks him down.  She finds an attorney who will take the case just to make money, and she spins a tale of woe about promises made by the OP while they were married. She alleges that she was "tricked" into signing certain documents in Thailand, and things escalate from there.  The judge in the case is a mean feminist who wants to see that the woman gets "what she's entitled to."  Anyway, at that point, anything can happen. Even if the woman has no real case, by that time the OP has spent $$$$ on an attorney.  Maybe lots of money.  And once these things start, they can go on forever. 

 

Believe it or not, that's just a simplified version of what can happen.  I've seen cases that start out overseas, supposedly end with a divorce overseas, and yet pop up again in the USA, sometimes spanning multiple jurisdictions there.  Don't think it can't happen. Probably not, but you never know.

 

As I said, if it were me, I'd pay a little bit of money to a Thai lawyer and see that it's done right. 

Thank you. I did end up paying 5000 baht to a lawyer for a simple 1 page agreement in both ENG/TH stating that we’re both satisfied about how the assets have been divided and we’re not able to make any future claims or lawsuits. 
 

I’m from Scandinavia but lives here in Thailand. We got married in the US but registered the marriage here in Thailand. 
 

From what I understand you should divorce where you are a resident which for us is in Thailand and a divorce here should be recognized in most countries. 
 

Hoping this will be enough.