Property in Voidable Marriages

Property in voidable marriages or annulment is complex. Property in a void marriage or property after an annulment does become very complex during a divorce in Thailand. It is Section 1498 of the Civil and Commercial Code which dictates the connection. “There is no property relationship between a husband and wife from a void marriage”. All property that was owned or acquired during the marriage will remain the property of the respective parties. There will always be legal issues after an annulment.

If you owned a car before the marriage then this will remain your property. Property in voidable marriages can become complicated. Should you have bought a television during the course of the marriage this will also still remain your property. The courts will however look at any property jointly earned during a void marriage. This to divide the property between the parties. But in such a manner as it would see fit taking into account the family unit as well as the earnings of each party.

Property in voidable marriages and annulment also includes compensation. Compensation by means of property is not uncommon in a void marriage. The courts look at who the innocent party is in the marriage. They may then in accordance with Section 1499 of the Civil and Commercial Code ensure that the innocent party is protected. Note however that there are limits both for damages and living expenses allowances which as governed as follows:

Claim for Damages

There is a prescription period to claim damages from judgment. This if the marriage is void in terms of Section 1449 (insane person), Section 1450 (blood relatives), or Section 1448 (underage person).

You have to file a claim on judgment for compensation or living expenses. This if the marriage was declared void under Section 1452 (already married) from the day you found out that the person was already married.

Children in Annulment 

The last issue is that of children. The parties most times will settle the matter of children and maintenance by agreement. However, if no agreement can be reached then the court will decide who the guardian of the children will be. Also what monthly maintenance will be needed for the children. The Thai courts in this case can also appoint a third party as the guardian. Only if neither of the parties is viewed as being good enough to be the guardian. Most times the third party guardian tends to be an aunt or other relative who the court may appoint for this role.

As a foreigner, the issue of children becomes very complex. Many foreigners return back to their home country. Who will take the children and if your ex-wife gets the children what would be your rights with regards to visiting your home country? Also when and where you may visit the children. For expats the issue of divorce in Thailand can be very complex and many times it drags on for years.

If you are getting divorced in Thailand then speak to a family lawyer in Thailand for assistance from the very day you decide to get divorced. Never sign or make agreements regarding your divorce before you have spoken to an attorney. Failing to do this can be very costly in the long run. If you have any questions then send us an email or schedule an interview with our family lawyer in Thailand about your annulment.

The information contained on our website is for general information purposes only and does not constitute legal advice.