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Reader question: Getting married under Thai law

By Submitted Message
Posted in Reader question
Tags: ,
July 22, 2016

Dear readers,

After living together for 5 years, my Thai partner and I want to officially get married under Thai law. This raises a number of questions that readers may be able to answer.

  1. I have owned my own house in Thailand for 10 years on the basis of a lease contract of 30 years (for the land) and I would like to retain control over it, in the unlikely event that the marriage would fail. In other words, is there a form of prenuptial agreement in Thailand as we know it in the Netherlands and how do you record this in the best way? After all, the rights of a farang are not very well protected in Thailand.
  2. My only official family is an adoptive daughter in the Netherlands with whom I broke off all contact a long time ago because of her annoying behavior in the distant past. After my future death, despite a will in Thailand, can she assert rights to my Thai property to the detriment of my Thai wife?
    3) Does anyone know a good lawyer in Cha-Am/ Hua Hin with sufficient knowledge of family law, with whom to discuss a few things?

Many thanks for your suggestions,

Harold

Number of times read: 177

8 Responses to “Reader Question: Getting Married Under Thai Law”

  1. jhvd says up
    22 July 2016 on 11: 28

    Dear Harold,

    I know that when you die, your stepdaughter will not be notified by anyone, not even a notary (that's the law).
    If you live in Thailand, she can completely forget about being informed.
    Unless your Thai wife is going to do that? ( I do not think so )
    Subsequently, she loses the right to any inheritance after 5 years, if she has not invoked the inheritance (yes, but I did not know, that is a pity, but that is Dutch law.
    It sounds strange, but that is how Dutch law works.
    Best of luck!

    Sincerely,

  2. henry says up
    22 July 2016 on 12: 45

    If your official domicile is in Thailand, your Thai assets are subject to Thai inheritance law.

    So your stepdaughter is entitled to her inheritance. However, you can disinherit your children under Thai inheritance law.

  3. Tino Kuis says up
    22 July 2016 on 13: 03

    Of course it is possible and desirable to draw up a prenuptial agreement before marriage (there is a law about that), although this is rarely done in Thailand and some Thai wives-to-be find this strange and consider it an act of distrust. Just do everything in consultation with a good lawyer in that area and of course after consultation with and consent of your wife-to-be. You can actually arrange everything in it.

    Thai law distinguishes two types of property during a marriage:
    1. personal property of both partners from before the marriage (this also includes the lease mi.) This always remains, even after the divorce, the property of each partner and is not added together or divided. So that should be recorded.

    2. property in common is property acquired by both or one of them during the marriage. It doesn't matter who paid for it or whose name it's in. (There is only an exception for land, I don't know exactly how that works). During my divorce, a piece of land that I paid for but was in her name was sold and we split the proceeds. (A few other pieces of land she transferred to our son's name with my consent). If there are no prenuptial agreements, this common property is divided equally. The problem is, of course, that after 10 years of marriage it is sometimes no longer clear what personal or what common property is. So you have to record that too.

    I do think you should do two decent things:
    1 Include in the prenuptial agreement that your partner will have a reasonable income after a divorce. (15-20.000 baht per month).
    You could therefore include in the prenuptial agreement that your partner will still receive part of your personal property and/or income after a divorce.
    2 also make a will in which your partner can count on a reasonable income after your death.

    • Jer says up
      23 July 2016 on 05: 09

      Tino believes that after a possible divorce, your partner should receive a reasonable income. Do you find that quite situation-dependent, for example, have you been married for only a few years or for decades? I know plenty of women in Thailand who bounce from relationship to relationship only to be left well-cared for after a divorce, including in Europe. Personally, I believe that a marriage lasts as long as the commitment is there and after the marriage you are separated and therefore no longer have mutual obligations. For the care of joint child(ren), yes, you do have to take care of that together after a marriage, financially and more.

    • Tom says up
      23 July 2016 on 13: 42

      Also think that Tino has an incomprehensible brain twist here: provide your wife with an income after a divorce? Possibly from your personal property? And what is reasonable? He mentions an amount there, it will depend on how much your income is... In Europe it has already been discovered that many women abuse this system and still (apart from alimony money for the children) collect money from the ex, but meanwhile have a new partner or even remarried. I believe that this has been abolished in Flanders for several years now. Tino would like to voluntarily include in the prenuptial agreement that they may benefit from him after a divorce. Ridiculous.

      • Tino Kuis says up
        23 July 2016 on 15: 37

        Moderator: Please do not chat.

  4. Renee Martin says up
    22 July 2016 on 13: 32

    Before you enter the wedding boat, the acquired income / rights that you already have in the event of a possible later divorce are in principle your property, but you must prove this. If that is important to you, I would consult a good lawyer to make sure everything is right arrange before you get married.

  5. Nico says up
    22 July 2016 on 13: 57

    Dear Harold

    “After all, the rights of a farang are not so well protected in Thailand”

    I think this is a wonderful, all-encompassing sentence.

    If that farang (foreigner) had not been there, I would never have been able to drive into him.
    Right; You are right, hit the hammer, the farang is to blame.

    Amazing Thailand.


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