Divorce Settlement

Maybe it depends on how long ago this letter/clause of the land office was introduced. If they (Paul's wife) bought the land before the letter/clause was introduced, maybe he didn't have to sign such a statement at the land office.

Now it's like this. If you sign, you wave away your rights, but if you don't sign, the land won't be registered in her name.

I'm not sure,but I am under the impression that the paper signed at the land office states that the land is being purchased with with the wife's money!If so,I don't believe that it would be outside the bounds of of a settlement for divorce.
Just because items of property are in a spouses name,doesn't ,IMO,mean that it doesn't get divided in a settlement,w/o a pre-nuptial agreement!

Every divorce is different, however, in general, it is very difficult for either party to 'ring fence' a particular asset purchased after marriage when it comes to a divorce.
Even if there is a large disparity in income then a good divorce lawyer will argue (for the lower income provider) that they contributed more in the home environment that allowed the partner to earn more at work.
If a particularly expensive item was purchased solely by the finances of one partner the other lawyer can easily argue that although that was the case, the money was taken out of the joint 'pool' of income & so the other person had to contribute more, somewhere else, or 'lost out' on the possibility of a different joint purchase elsewhere.

In the case of 'land' in Thailand, it is relatively inexpensive. It is the improvement of the land by capital expenditure that will increase its' value. So the wife has to legally sign to say that she has paid 200K baht out of her own money for a piece of land.
The husband can then, quite legally, pay 5M baht to build a house on it, or spend 1M planting rubber trees or developing a fish farm.
At the divorce, in most cases, the asset (whatever it is worth) will be split 50/50.
If no improvement at all was made to the land (a bit of a puzzle why that would be the case, as usually, something is done with it) then the wife's lawyer might try & argue that it is still all hers, but that is not easy if they own any other assets & the husbands' income is significantly higher than the wifes'.

If you are getting a divorce,as I did 5 months ago,It is much simpler and easier if you can come to an equitable division of assets and not ''hope'' that ''the rule of law'' might work in your particular case.
I have met some wrung out and hung to dry falangs that have gone through the legal system.I would qualify that as no one I knew very well,but many that have ''shared'' their story and I have no proof that what they said was true or not,but there have been quite few over the years and none are around now!
One of the problems in settling,IMO,is that it seems to me that there is a mindset,generally speaking,amongst many Thai ladies,that what is theirs is theirs and what is yours should be divided.
I never had a problem with my ex until she started listening to advice from other women.Then she suddenly asked for half of everything plus the land.This prolonged our getting a divorce for a couple of years until we decided everything was to be divided except my future income including my pensions.
Then it was a very simple one day process and very inexpensive at the Amphur!
And we lived happily ever after

Curious to know whether a thai wife, has any claim on falang husbands assets overseas, or just what is in Thailand.

Only two types of property that I know of.

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.

Siam Lawyers.com

Good thread.
I assume this presupposes you have had your marriage legalized at the Amphur.
Specifically, that even if you are married back in farangland with your thai wife, then you must have that document "legalized/recognized" in Thailand before it counts in a future divorce case ?
And better do that prior to things develop into a divorce.

From the Sin Suan Tua / Sun Somros description above, it actually looks like thai law is pretty fair.

No one has mentioned here the nature, basis or grounds for divorce in the aforesaid examples. I'm assuming that in Thailand, just as in the US, most divorces are granted on the basis or irreconcilable differences. This concept was originally drafted into law for use in cases where one spouse was being abused in some manner by the other, and the abused wanted out but the abuser would not agree. Over time the original intent of the law has been so watered down that anybody can divorce their spouse at the drop of a hat for any reason and claim "irreconcilable differences". I can only imagine how many men have been "set up" by their wives from the very onset of the marriage with the intent of marrying only to divorce a few years down the road and take half of all the marital assets. What's legal is not always fair!

My former Thai wife set me up that way back in the States and walked away with a huge "payday" simply because she wanted her freedom and for no other reason. She refused all attempts at marriage counseling and reconciliation and was allowed to use the legal system to legally "rob" me. In my mind marriage should be for life and there are no differences that can't be reconciled if both parties are willing to make an effort. If one wants out "just because they want out" with no justifiable cause, they should be allowed to walk with only the clothes on their back and a swift kick in the arse on the way out the door!

The legal system in the US is becoming increasingly flawed, and that is one of the many reasons why I chose to leave my home country. God forbid I should ever have to be exposed to the legal system in Thailand. I think that will be the day when I just check myself out from the human race!

properties happened during a Farang and Thai lady cohabited are considered in two kinds; if the Farang and the Thai register marriage, the properties are considered as Sin Som Ros(marriage estates) that shall be divided equally when divorced, if the Farang and the Thai not register marriage, the properties are considered as Sap Suan Tua (personal properties) that belong to the party who have.
The problem happened is that when the married couples(Farang & Thai) go to transfer land in Land Office, the Letter of Confirmation in both Thai and English language shall be presented to them by the land official, having them signed on that paper.The most importance is that the said paper states mainly that all money taken to buy the land come from the Thai only, being not Sin Som Ros, but Sap Suan Tau of the Thai only.What a funny it is...
Although all look so bad, you as Farang don't be serious, no problems, you have the way to contest.

If you are married to a Thai-registered, and she decides to divorce you, what recourse does she have if all your assets are in North America.

one way is make sure that she has been out of your own country 2yrs then she can not return to access your money or assets in your own country thats uk i dont know about other countries

see Thaivisa ' True laws for a Thai Divorce ' for some discussion on what you ask..
Most would say that if you married in thailand, live in thailand under Thai laws, and all your assets are in thailand, then it comes down to an amicable divorce or a contested divorce, where each can lay claim to assests acquired during the marriage.

As to overseas assets.. One says that the Thai Courts are not interested in such assets, as it comes under another juridiction, and yet others say that there is nothing to stop the thai wife from engaging a stateside lawyer via the web, or phone or whatever, and hire him to go after your US assets...

BUT DONT LISTEN TO ME, GET PROPER LEGAL ADVICE,....

see this is where perhaps Prenups come into play. It is abit of a connundrum because thai law says what was your before the marriage is yours, and yet if you divorced back stateside the wifey would get half your assets..I would like a legal opinion on this for all the members sakes, and to clear that side of things up...

maaka wrote:see Thaivisa ' True laws for a Thai Divorce ' for some discussion on what you ask..
Most would say that if you married in thailand, live in thailand under Thai laws, and all your assets are in thailand, then it comes down to an amicable divorce or a contested divorce, where each can lay claim to assests acquired during the marriage.

As to overseas assets.. One says that the Thai Courts are not interested in such assets, as it comes under another juridiction, and yet others say that there is nothing to stop the thai wife from engaging a stateside lawyer via the web, or phone or whatever, and hire him to go after your US assets...

BUT DONT LISTEN TO ME, GET PROPER LEGAL ADVICE,....

see this is where perhaps Prenups come into play. It is abit of a connundrum because thai law says what was your before the marriage is yours, and yet if you divorced back stateside the wifey would get half your assets..I would like a legal opinion on this for all the members sakes, and to clear that side of things up...

After having surviving three divorces back in the States I can attest to the fact that in the State of Tennessee any assets that one acquires before the marriage, and kept separate during the marriage, will not be considered as marital assets which are subject to division upon divorce. For example: separate cash that remains in an individual account after the marriage and property acquired before the marriage and kept separate after marriage is not a marital asset. Even if one receives an inheritance after marriage that is kept separate will not be considered a marital asset. I received a rather large sum of money when my mother passed away in 2005, and I made the ultimate mistake of depositing the money into a joint account with my wife at the time. Very bad mistake...wife can get half! My suggestion would be if there is even a hint that your marriage could wind up on the rocks, take all the necessary precautions to protect yourself. The no-fault divorce is the worst blight to hit the legal system in the past century! Many a man has been taken to the cleaners by unscrupulous women looking for a big payday!