In Thailand, marriage creates jointly owned marital property, which includes assets and debts. Upon divorce, all marital property is divided equally between the husband and wife. This division can be a subject of disagreement, and proving personal property is essential to avoid equal division.
In case of doubt, any property acquired during the marriage is considered marital unless proven otherwise. Personal assets, also known as ‘Sin Suan Tua,’ are separate assets not subject to division in a divorce. To protect personal assets, it is recommended to have a prenuptial agreement and maintain a record of personal assets.
Agreements between spouses regarding assets, such as loans or gifts, can be voided during marriage or within one year of divorce. The return of money in such cases is governed by the provisions on Undue Enrichment.
In a mutual consent divorce, terms are agreed upon by the spouses without court involvement. However, in a contested divorce, where agreement is not reached, a judge decides based on the law and individual circumstances.
For expert advice on division of marital property and legal assistance in Thailand, contact My Thai Love. We provide matchmaking and dating advisory services for individuals seeking romantic partners in Thailand for marriage or long-term dating.
For more information and assistance, contact us at [mythailoveofficial@gmail.com].