The Saga Of International Divorces And Their Impact On Thailand

by Admin on July 12, 2013

Divorces are not pleasant processes at the best of times, but through into the mix different jurisdictions and you can be left with even more of a headache.

The Sawards met and lived in Spain although both were British nationals. Mrs Saward decided to petition for divorce through the UK courts, believing she would be awarded a fairer financial settlement. Under Spanish law, any assets that are registered in a sole name remain that person’s property, regardless of marriage.

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Although Mrs Saward was initially granted a decree nisi, this was overuled when Mr Saward appealed arguing that  the UK courts had no jurisdicition over him as he was no longer a UK resident. Even though he still owns several properties in the UK, the Court of Appeal agreed with him, and now Mrs Saward find herself in the unenviable position of still being married to her spouse without any alimony.

Thailand has what is known as a “Community Property” jurisdiction. Therefore when a couple divorces in Thailand, separate property  acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are commonly considered community property with both spouses having ownership rights.

Couples that are considering getting married in another country  should seek competent legal advice preferably from an attorney specializing in international marital issues and conflict of law issues.

 Related Video:


Related Documents:

Thailand Divorce Law

Thailand Conflict Of Laws Act

Related Articles:

Marriage and Divorce in Thailand: When Love Turns Deadly

Thailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?

{ 1 comment… read it below or add one }

Zhekriel July 16, 2013 at 07:25

This is great case example. But its just a little confusing.

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