How to Protect Your Property After Going Through a Divorce in Thailand

Understanding how to protect your assets and the laws surrounding divorce is vital as a foreigner in Thailand because in the event of a separation from your Thai spouse, you are going in at a disadvantage. Thai law typically favors Thai nationals over foreigners, so having the right knowledge and the right lawyer will help protect your assets and ensure a more favorable outcome. 

Continue reading to learn more about examples of what counts as marital property and how to protect them. 

Divorce in Thailand

Certain problems can appear during your marriage that may put your property and assets at risk. The most common scenario where this can happen is in the event of a divorce. There are two kinds of divorces that you can go through mutual and contested.

• Uncontested Divorce (Mutual Divorce): This occurs when both spouses agree to divorce without court involvement. The divorce terms are submitted to the local district office.
• Contested Divorce: In this scenario, one spouse opposes the divorce, necessitating judicial intervention to resolve the matter.

The Impact of a Divorce on Property 

When a divorce happens, the property you purchased during marriage ends up getting divided. It is important to note that not all property you own will be impacted after going through a divorce. To emphasize this, there are three types of property to look at:

Sin Suan Tua

Known in English as “personal assets,” these are any assets and property that you own and have complete control over. Whether it's acquired before or after marriage, you will continue to maintain ownership over this property. Examples of personal property include:

• Property belonging to you or your partner before getting married
• Personal assets (such as clothes and ornaments)
• Property earned by you or your spouse via a will or gift
• Property transferred by the fiancé to the fianceé before marriage (also known as a “Khongman” or a “reverse dowry”)

Property can be considered “Sin Suan Tua” even after getting married if you purchased it using your own funds. For instance, if you bought a chair using your money that will be used only by yourself, this piece of furniture will be your personal property rather than owned by yourself and your Thai spouse. 

Sin Somros 

Literally translated as “marital assets” in English, it is the joint-owned property between you and your spouse. This refers to any property that is owned in part by yourself and your Thai spouse and is usually the subject of a contested divorce. A common divorce settlement involves joint-owned property being divided in half between you and your spouse, but both sides must agree or the court will intervene. 

The difficulty in dividing the joint-owned assets depends on the type of property you and your spouse currently own. If it's money or shares, it's all a matter of dividing them between the two of you, but some items such as vehicles or furniture cannot be easily split. In this case, you and your spouse will need to come to an agreement on who should be granted ownership over the item in question. If you or your spouse cannot come to a compromise over this, you will both need to sell the property and divide the profits earned from selling it. 

Examples of joint-owned property include:

• Property acquired after marriage 
• Property one of you receives as a gift after getting married and is classified as a marital asset 
• Earnings from joint-owned property, such as interest, rent, or dividends

Land Ownership

In accordance with Thai law, foreigners are not allowed to own land in Thailand except for rare circumstances. This means that you cannot own a plot of land under your name; it will instead have to be under your Thai spouse’s name. 

Your Thai spouse can, however, enter into an agreement to lease the property to you for up to 30 years, which can be renewed. This lease gives you some control over the property, which would otherwise go to your spouse or be liquidated with the proceeds split between you. 

If you own a condominium under your name (which is permissible for foreign nationals) before marriage, it counts as an example of personal property, and therefore, will likely be excluded from divorce proceedings. 

Protecting Your Property with a Prenuptial Agreement in Thailand 

A prenuptial agreement lays out the distribution of assets in the event of divorce, preventing a lengthy court battle over property. This agreement is signed before you register your marriage and must be a legally binding document drafted by a lawyer that you, your spouse, and two witnesses sign. It will confirm the distribution of all assets and wealth between you and your spouse as well as what will happen to any property in the event of a separation. 

To ensure that your prenuptial agreement is enforceable:

• The agreement must be in writing and created either on or before the date your marriage is registered. 
• Both you and your spouse will need to sign it. 
• Two witnesses, one from each party, must be present at the time the document is signed and dated. 

Both you and your spouse will also need to provide the following items:

• Passports/Thai ID from both you and your spouse
• Passports/Thai ID from both of the witnesses 
• List of individual assets owned by you and your spouse such as stocks, funds, and intellectual property
• List of benefits that you will be earning in the future (such as Social Security)

Once your agreement is finalized, you will need to take it with you when you register your marriage at the local district office (or khet as it's known in Thai). The process will look something like this:

1. You must ensure there is a copy of the prenuptial agreement in English and another in Thai (ideally 3 copies in each language are needed). 
2. You and your spouse must then sign the agreement in the presence of the two witnesses (one from each party).
3. After completing the agreement, present it to the officer overseeing your registration so they can confirm its legitimacy. 
4. Once everything is deemed to be in order, the marriage can be registered and the prenuptial agreement goes into effect. 

Seeking Assistance

Having to deal with protecting your property in the event of a divorce is difficult. This is why it's worth the time and effort to consult a Thai family lawyer for assistance. Family lawyers are located throughout Thailand, and with their knowledge and experience, they will be able to support you in all stages of your marriage. 

Their services range from assisting with prenups, child custody (if applicable), and both divorce types. Having one by your side will ease you in protecting your assets and funds should your relationship come to an end.