Annulment and property in Thailand! If you are going to have your marriage annulled then you have to consider the time limits with regards to property when the marriage is annulled. You will note that this is very rare in Thailand as the Thai government has many safety measures to ensure that you are not going to get a marriage annulled. See the requirements for an annulled marriage in Thailand. See the examples below and take proper legal advice as this website is only a very brief overview of the property during annulment.
Annulment and Property
The Civil and Commercial Code in Thailand, Section 1498 states that the property will simply revert back to the person who owned the property before and well as acquired during the course of marriage. Property jointly earned will simply be divided equally between the two parties. If there are other circumstances then the court will consider other actions. Property in Thailand will always be an issue.
These circumstances can be that the good party has been prejudiced by the action of the other who acted in bad faith. If the person is looking at damages or the good party is going to left destitute then the court will consider this when taking judgement. The party who has been prejudiced can claim a living allowance however it is more likely going to be a matter of dividing the property when foreigners leave the country for good.
There is usually a time limit of two years to lay a claim for compensation or damages. This would be two years from the final judgement with regards to annulment however it will also be from the day the void of his or her marriage becoming known under Section 1452. These are for the following cases where the annulment has occurred:
Section 1449: A marriage cannot occur where the one party is insane or an incompetent;
Section: 1450: A marriage cannot occur where the parties are blood related;
Section 1458: A marriage can only occur where the parties agreed and stated this before the Registrar;
Section 1452: A marriage cannot occur where the party is already married.
These are the most common issues as Section 1448 being the marriage of an underage person would have been spotted by the Amphurs office when the marriage was registered. Cross cultural there are foreign issues as well such as Fillipino’s who get married and are under the age of 21 need a letter from their parents for its registration.
The bigger issue with regards to property will be the children born out of the marriage and who will get child custody as well as how the child alimony will be set in Thailand. These are all issues which will come with an annulled marriage which also needs to be considered.
Always take the broader issues into consideration when considering an annulment of the marriage. It can be costly as well as lengthy as it is going to depend on why the annulment is occurring, how much property is under consideration as well as compensation and a damages claim from an injured party. Always speak to a divorce lawyer in Thailand before you start this legal process. Annulment and property is always something to consider.