In this article we focus on asset settlement law within a Thailand divorce. As always, nothing in this article is intended to provide legal advice. We strongly advise that you seek out and retain competent legal counsel for your legal matters.
At the time of your divorce the court will determine which of your assets and liabilities are community property (Sin Somros) or sole and separate property of the individual parties (Sin Suan Tua).
You will retain your sole and separate property as is, but the community property of the marriage will be equitably distributed according to the law and your individual circumstances.
What is community property or marital property (Sin Somros) and what is considered sole and separate property (Sin Suan Tua).
Sole and separate property:
Property belonging to either spouse before marriage.
Property for personal use or tools necessary for a profession.
Property acquired during the marriage by way of gift or inheritance.
Community property:
All property acquired by either spouse during the marriage.
Income, proceeds, appreciation and the fruits coming from the sole and separate property of either spouse.
Income and earnings that were acquired by both spouses during the marriage.
At the time of dissolution of marriage the court will equally distribute the community property of the marriage to both spouses unless extenuating circumstances apply.
Section 1533: Upon divorce, the Sin Simros (community property) of the marriage will be equally divided between the man and woman
Let’s look first at how the debts of the marriage are handled under Thai law:
Section 1535: Upon termination of the marriage, the man and woman shall be liable for common debts equally.
Section 1490: Debts that both spouses are jointly liable to perform, shall include the following debts incurred by either spouse during the marriage:
(1) debts incurred in connection with management of household affairs and providing for the necessities of the family, or for maintenance, medical expenses of the household and for proper education of the children.
(2) Debts incurred in connection with the Sin Somros, community property of the marriage.
(3) Debts incurred in connection with a business carried on by the spouses in common.
(4) Debts incurred by either spouse for his or her sole benefit but ratified by the other spouse
Section 1491: If either spouse is adjudged bankrupt, the community property of the marriage is divided by operation of law as from the date of adjudication.
Section 1493: In case where the community property of the marriage has been disposed of, both spouses are liable to pay the household expenses in proportion to the amount of their respective sole and separate property.
Spousal Support or Alimony:
Section 1526: In the case of divorce, if the ground of divorce has derived from the guilt of only one party, and the divorce will make the other become destitute deriving insufficient income out of his or her property or business which used to be carried on during the marriage, the latter is entitled to apply for the living allowances to be paid by the party at fault. The court shall decide whether the living allowances will be granted or not by taking the ability of the grantor and the condition in life of the receiver into consideration.
Section 1528: If the party receiving living allowances remarries, the right to receive living allowances extinguishes.
Temporary Spousal Support and Child Support pending final dissolution of marriage
Section 1530: Where an action of divorce is pending, the court may, on application of either party, make a provisional order which it thinks proper such as those concerning the community property of the marriage, the lodging, the maintenance of the spouses, and the custody and maintenance of the children.
Alienation of Affection and Adultery
Section 1516 (1): Grounds for divorce: the husband has given maintenance to or honored such other woman as his wife. Or, the wife has committed adultery, the other spouses may enter a claim for divorce.
Section 1523: In the case of divorce by judgment of the court on the ground as provided in Section 1516 (1), the husband or wife is entitled to compensation from the husband or wife or another woman or adulterer, as the case may be.
The husband is entitled to claim compensation from any person who has take liberties
with his wife in an adulterous manner. The wife is entitled to claim compensation from another woman who has openly shown her adulterous relations with her husband.
However, the husband or wife is not entitled to claim compensation if he or she has consented to or connive at the act done by the other party under Section 1516 (1) or allowed persons to act as provided in paragraph two of Section 1523.
Section 1525: The compensation under Section 1523 shall be decided by the court according to the circumstances, and the court may give an order for a single payment or payments in installments as may be deemed suitable by the court.
Now let’s take a look at the most important question: Is Thailand a community property country or does it employ an equitable distribution system.
Reading the laws alone is not sufficient to answer this question. It is only through the practice of law that one can have the knowledge to provide a clear answer to this important question.
Why is this an important question? With community property laws your spouse is entitled to half of everything you earn during the marriage. With equitable distribution laws your spouse is entitled to half of the martial property that exists at the time of your divorce. Community property laws will normally cost you a great deal more money than equitable distribution laws.
To provide an example of community property laws: a famous Hollywood director earned 100 million dollars from a very successful movie during an eighteen month marriage. He was required to pay his wife half of what he earned or 50 million dollars.
Thailand is a community property country, but if the earning spouse can prove that the money earned during the marriage was substantially spent to provide for the other spouse and or the others spouses family then equitable distribution rules will apply.