In light of recent lawsuits related to divorce after death, there is a need to clarify whether or not it exists in this jurisdiction and why it has become an issue in the first place. Ultimately, I hope this article will help those trying to obtain divorce decrees learn how they can protect themselves and their property against the harsh effects of divorce and/or death.
To begin with, there is no divorce after death. It is true that some US states have begun reviewing and modifying their legislative enactments to address the problem, but since none of that has been done here yet, we stick to the word of the law.
Under Thai law, the death of one of the spouses ends a divorce proceeding, regardless of who filed the case. A divorce decree, on the other hand, ends your marital ties. When death intervenes pending the issuance of a divorce decree, there can never be a divorce to speak of. It’s just one or the other.
Why then is there a growing concern about what has been termed a “posthumous divorce”? Imagine a married couple whose marriage has soured for years and is now contemplating divorce. Divorce proceedings can be heartbreaking and often lead to undesirable results. It is at this point that a spouse who has separate property must do everything possible to prevent these properties from being inherited by the same person from whom he is trying to separate.
Intestacy laws could allow one spouse to inherit all of the other’s estate, regardless of source and sometimes even regardless of ownership, for example, in the event that there are no heirs or children.
So how can one safeguard one’s property against death pending divorce proceedings? Here are some suggestions:
one. write a thai will. A will or testament is a legal declaration by which a person, the testator, appoints one or more persons to administer his estate and arranges for the transfer of his property upon his death.
Statements in a will come to life after the death of the testator. The testator comes to control his assets even after death, assuming that the will is valid in all its formal and substantial aspects.
Family law expert Jonathan Wolfe, chairman of the American Bar Association’s family law committee, issued a word of warning to his divorced clients: “If you have a will, it needs to be changed immediately. And if you don’t have a will, you need to have a will.” one”.
two. Sign a Thailand prenuptial agreement. A prenuptial agreement in Thailand is a contract entered into before the marriage or civil union by the persons who intend to marry. The content of a Thai prenuptial agreement can vary widely, but commonly includes provisions for property division and spousal support in the event of a divorce or breakup of the marriage.
Marriage is not just a special union between a man and a woman. It is a union of almost everything you have, including your finances. To ensure your financial well-being, especially if you are supporting children from a previous marriage or if your future wife or husband is not of the same financial stature as you are, you should sign a prenuptial agreement. There can be various reasons for doing this and it usually kills the romance, but in the case of marital difficulties, you will find out how much it can save you from heartbreak.
3. Keep a record of transactions made involving your separate properties. Separate property can include property inherited before or during the marriage or property acquired before marriage that is not part of the marital property.
In the event of death or separation of property in a divorce proceeding in Thailand, it may be necessary to prove that these separate property is indeed separate property. Otherwise, it will be divided according to the law, which most of the time is contrary to the will of the owner.
For example, a spouse inherits a house from their parents and they lived in that house during their marriage. The other spouse paid for the maintenance of the house (taxes, repairs, etc.). In the course of the divorce proceedings, the non-heir spouse claims that he is a co-owner of the house, having lived there and spent for its upkeep that could be more than the value of the house itself. There is the problem. In the event of the death of the heir spouse, the non-heir spouse may totally lose his or her right to the house, to the detriment of his or her other legal heirs (ie siblings). If transaction records are kept, the source of the funds can be correctly determined and the non-heir spouse will simply receive funds for his or her living expenses. The property will remain with the legal heirs of the deceased spouse.
These are just some of your options. Which of the forms mentioned above will suit one’s need will depend primarily on the nature and number of properties involved, among other factors. One thing is for sure: planning for your future is worthwhile and cannot be done in joint mortis.
