Posthumous Divorce – Non-existent – Protection of your property in a divorce proceeding
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 trust 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.
For starters, there is no divorce after death. It’s true that some US states have begun to review and modify their legislative enactments to address the problem, but since nothing of the kind has been done here yet, we’re sticking to the word of the law.
Under Thai law, the death of one spouse 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 growing concern about what has been called a “posthumous divorce”? Imagine a married couple whose marriage has gone sour for years and are 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 should do everything possible to prevent this property from being inherited by the same person from whom they are 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 status, for example, if there are no forced heirs or children.
So how can one safeguard one’s property against death pending divorce proceedings? Here are some suggestions:
1. write a will thai. A will or testament is a legal statement by which a person, the testator, appoints one or more persons to administer his estate and provides for the transfer of his property upon death.
Declarations 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, chair of the American Bar Association’s family law committee, issued a warning to his divorced clients: “If you have a will, it should be changed immediately. And if you don’t have a will, you need to have one.” .
two. Signing a Thailand prenuptial agreement. A prenuptial agreement in Thailand is a contract entered into before marriage or civil union by the people 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 divorce or breakdown 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, you must sign a prenuptial agreement. There can be any number of reasons for doing this and it usually kills the romance, but in the case of marital difficulties, you will discover just how much heartbreak it can save you.
3. Keep a record of transactions made involving your separate properties. Separate property may include property inherited before or during the marriage or property acquired before the marriage that is not part of 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 assets are really such. 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 joint owner of the house, having lived there and spent for its upkeep, which could be more than the house’s own value. 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 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 amount of properties involved, among other factors. One thing is for sure: your future is worth planning for, and it can’t be done in joint mortis.