Legalites Of Marriage In Thailand

[mja1906]

As a female UK citizen who is intending to marry a Thai national, I want to get a better understanding about the legal side of marriage in Thailand, so that I can answer some ?? of skeptical family members

Under Thai law, should a couple divorce is there any law regarding what happens to their assets?

Who decides, who gets what?

I guess pre-nuptials are not available in Thailand?

If the Thai spouse dies, what are the implications for the foreigner spouse remaining in Thailand?

Thanks,

[InterestedObserver]

1. 50/50 split of the Thai marital assets, court directed if necessary.

2. The couple can mutually agree who gets what for a simple Amphur divorce. Otherwise it's off to court for the divorce.

3. Prenuptial agreements are available in Thailand but must be registered along with the marriage at the local Amphur.

4. Without a Will the estate is divided according to Thai law, the living legal spouse gets a share along with all the other close relatives.

Edited April 16, 2011 by InterestedObserver

[lopburi3]

There is no direct provision by death of spouse to remain in Thailand unless you obtain PR or citizenship. Having a Thai child would also afford visa entry status and chance of extension of stay.

[Mario2008]

See here for more legal info on marriage and divorce in Thailand.

http://www.thaivisa.com/forum/topic/313877-thai-family-law/

[ljerams]

You can inherit Land but must sell it within one year because Thai Law requires that only a Thai can own land legally.

[nong38]

Maybe you could go for the unofficial thai village type wedding where the local Monk pops round, throws a bit of water around, pronounces you man and wife, have a good party and bobs your uncle. No paper work and no problems, if it does not work out, you go your seperate ways, a lot more difficult for things to end up in court. This seeems to be what most thais do, to all their friends they are married but it wont count for anything if you want to use it for a visa or be legal anywhere else in the world.

[keestha]

1. 50/50 split of the Thai marital assets, court directed if necessary.

Only assets acquired after marriage are split evenly in case of a divorce.

[keestha]

Maybe you could go for the unofficial thai village type wedding where the local Monk pops round, throws a bit of water around, pronounces you man and wife, have a good party and bobs your uncle. No paper work and no problems, if it does not work out, you go your seperate ways, a lot more difficult for things to end up in court. This seeems to be what most thais do,

No. The prevailing social norm among Thais is still to get legally married, especially when it is clear they will be in it for the long term, and chances are there will be offspring.

[somtampet]

You can inherit Land but must sell it within one year because Thai Law requires that only a Thai can own land legally.

I have a prenup/partnership agreement/not married but live with thai gf for 6 years.We bought the house under her name due to quickness of getting a brilliant bargain.If we split up the house gets shared 50/50,which i think is fair,but she doesnt get anything else.If she dies first i get the house but have to sell within 1 years or set up a business.This is done in thai and english plus 1 will each,the lot cost 10,000 baht,IF we ever get married i would have to review the situation but she is more than happy to do another will giving me half if we split.

[InterestedObserver]

You can inherit Land but must sell it within one year because Thai Law requires that only a Thai can own land legally.

I have a prenup/partnership agreement/not married but live with thai gf for 6 years.We bought the house under her name due to quickness of getting a brilliant bargain.If we split up the house gets shared 50/50,which i think is fair,but she doesnt get anything else.If she dies first i get the house but have to sell within 1 years or set up a business.This is done in thai and english plus 1 will each,the lot cost 10,000 baht,IF we ever get married i would have to review the situation but she is more than happy to do another will giving me half if we split.

Hold on there! Did you say not married with the property in her name? As I see things the Thai GF owns it, period. How do you plan to enforce your 50% claim in case of a split-up, being not married and all? Is there some sort of encumbrance registered on the back of the Chanote? Am I missing something?

Edited April 17, 2011 by InterestedObserver

[InterestedObserver]

1. 50/50 split of the Thai marital assets, court directed if necessary.

Only assets acquired after marriage are split evenly in case of a divorce.

The quote does say marital assets.