If you are a foreigner living in Thailand and are considering divorce there are some important things for you to know.
Divorce should only be considered after you have tried to reconcile and as only the last option
First and most important is Custody, welfare and maintenance of children.
Who is going to look after any children and who will they live with and who will support them financially?
Mostly the court will award the mother custody of children unless there are exceptional cases that it can be proven the child or children are in danger or there is a strong case for them to be with the father.
It is always better to be amicable and not to fight especially when it comes to children.
They are caught in the crossfire protect them at all costs.
The welfare officer will interview you and your spouse and maybe the children before divorce proceedings start.
The welfare of the children must be priority.
Division of Matrimonial Property
Thai law divides the matrimonial property 50/50.
What is matrimonial property?
Matrimonial property is anything purchased whilst you are married.
Anything purchased before you are married is not included in the divorce settlement.
Money willed and inherited is also not included in the divorce settlement.
We are often asked about property and divorce.
As foreigners cannot own property in their own name( unless a condominium) most of the property is bought in the Thai wife name.
Well this should not cause a problem in a divorce should it as it is 50/50 ?
The land office insist that when a house or land is transferred into the Thai wife name that the foreigner signs at the land office.
What have you signed?
If you were at the land office when the land or house was transferred into your wife name you would have signed to say this is not matrimonial property that the money did not come from you and that this is Private property of your wife.
Therefore this property is not part of a divorce settlement or inheritance to you.
If you have signed this it therefore makes things much harder and we need to have proof that this money came from you to pay for the property.
If you signed at the land office what should you do?
Contact us at info@lawyersforexpatsthailand.com for a free consultation or call +66956583038 WhatsApp and Line .
lawyers for Expats Thailand can help you
We can help you mediate it is always better than fighting.
Lawyers for expats Thailand are happy to assist to reunite families
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