Thailand Prenuptial Agreement
It is always a relief if both parties can easily agree on who-gets-what. However, this is not always the case. Almost always, there will be issues on how marital property shall be split between the spouses after the divorce is granted. Under Thai Law, properties during divorce may fall into two categories; Sin Suan Tua as separate property & Sin Somros as marital property.
Property Types in Thailand
These are the property types in Thailand when it comes to marital property. Thai courts view these two property types when you are getting divorced in Thailand. Speak to our lawyers online or in person if you are not certain about which property belongs in each.
SIN SUAN TUA - considered as separate property to a marriage are the following:
- Property belonging to either spouse before marriage;
- Property for personal use, clothes or ornaments;
- Property acquired by either spouse during marriage by will or gift;
- Khongman (dowry).
SIN SOMROS – considered as marital property are as follow:
- Property acquired during marriage;
- Property acquired by either spouse during marriage through a will or gift;
- Fruits of the Sin Suan Tua (fruits of the separate property);
In case of doubt as to whether a property is Sin Somros or not, it shall be presumed to be Sin Somros.
Sin somros is commonly the subject of marital property division in divorces. But sometimes, even Sin Suan Tua becomes the topic of argument. A 50-50 division of the Sin Somros is the most reasonable arrangement. If the couples investments during marriage include money or company shares, sharing becomes less difficult. However, houses and vehicles are the usual investments of couples during their marriage, and these cannot be physically split in half without altering or losing the use and value of the property. A compromise on who among the parties will enjoy the property has to be met in order for them to arrive at a divorce agreement. They may also opt to sell all the marital property and share the proceeds of the sale.
If you entered into a Thailand prenuptial agreement, make sure your Thai lawyer will take into consideration the provisions on property division therein specified.
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