Ask the court early. In a Thai divorce case you can apply, with the lawsuit or at any time before judgment, for interim measures under section 254 of the Civil Procedure Code, such as attaching assets or barring their transfer, if you can show a real risk that your spouse will move them.
What can a Thai court do to protect assets before judgment?
Section 254 lets a claimant ask, by an ex parte application, for protective measures that last until the case is final or the court orders otherwise.
| Measure (section 254) | What it does | What you must show (section 255) |
|---|---|---|
| (1) Attachment before judgment | Seizes or attaches the disputed property or the defendant's property, including money a third party owes the defendant | The defendant intends to move or dispose of assets to delay or defeat enforcement, or another just reason |
| (2) Temporary injunction | Bars transfer, sale or disposal, or stops waste or damage to the property | A risk the property will be wasted, damaged or transferred |
| (3) Suspension of registration | Orders the land office or another registrar not to register a transfer | Concern that a registration would harm you |
The court must also be satisfied that your claim has merit. In family cases, the Juvenile and Family Court can additionally make interim orders on matters such as marital property, residence and child support while the case is pending.
Which transactions need both spouses' consent?
Section 1476 requires spouses to manage marital property jointly, or with the other's consent, for major transactions, including:
- Selling, exchanging or mortgaging land, a condominium or other property that can be mortgaged
- Leasing immovable property for more than three years
- Lending money
- Making gifts, beyond modest charitable or customary gifts
- Compromising a dispute, or using property as security before an official or court
If your spouse does one of these alone, section 1480 lets you ask the court to revoke the transaction, within one year of learning of it and ten years of the act. Revocation fails if you ratified it, or if the buyer acted in good faith and paid value.
Before a divorce case is filed, section 1484 also lets you ask the court for sole management or separation of marital property if your spouse badly mismanages it, or acts in a way that threatens to ruin it.
Why does hiding assets backfire?
Because the law counts them anyway. Under section 1534, marital property that a spouse disposed of for their own benefit, to harm the other, without required consent, or deliberately destroyed is treated as still existing when it is divided.
If the other spouse then receives less than their share, the spouse who disposed of the property must make it up from their own share or personal property. Marital property is divided equally at divorce under section 1533.
Timing also works against hiding. In a court divorce, section 1532 makes the property part of the judgment relate back to the date the divorce case was filed. Hidden transfers also damage credibility on every other issue the judge must decide, including children.
How do you gather evidence of assets?
A court can only protect what you can identify. Collect what you lawfully have access to:
- Title deeds, condominium title documents and sale contracts
- Bank names, branches and account numbers, and records of large transfers
- Vehicle registrations and details of shares or companies in Thailand
- Your spouse's employer, salary slips or employment contract
- Messages in which your spouse talks about selling, moving money or leaving Thailand, with dates
Do not hack phones or email accounts, or take documents you have no right to. Unlawful methods can create new legal problems for you and weaken your case.
What are the five steps to protect your assets?
- List every asset in Thailand that you know of, with evidence of where it is.
- Record the facts that show a risk: a property listing, a closed account, a statement about leaving.
- File the divorce claim together with the interim-measures application, and ask for urgent handling if the risk is immediate.
- Once an order is made, make sure banks, the land office or other registrars receive it.
- Keep collecting evidence for the division of property at trial.
Speed and discretion matter more than a perfect application. Money in a bank account can move in minutes; file the application with your lawsuit, and do not warn your spouse in advance.
For the grounds and stages of a defended case, see Contested Divorce in Thailand: Grounds and Court Process.
Frequently asked questions
Can I freeze assets before I file for divorce?
Section 254 measures are tied to a lawsuit: you apply with the claim or later, before judgment. Before filing, the options are a section 1484 application or revoking a transaction under section 1480. In practice, prepare both together.
Can a Thai court freeze assets abroad?
Thai orders work on assets in Thailand. Assets abroad depend on the law and courts of that country, so decide early where to file.
Can I move our joint money to my own account to keep it safe?
Be careful. Section 1534 applies to both spouses, and moving marital money without a good reason can be counted against you. Ask a lawyer before moving anything.
Does the land office have to follow the court's order?
Yes. Section 254 (3) allows the court to direct the registrar to suspend registration. Delivering the order promptly is your responsibility.
What about my personal property?
Only marital property is divided. Personal property, such as assets owned before marriage, stays with its owner, but proving that may require old records. The Thai guide แบ่งสินสมรส คู่สมรสชาวต่างชาติ covers land in a Thai spouse's name.
What should you do next?
Make a confidential list of assets and risk signs today, and keep copies outside the family home. That list is the core of any interim application.
Then speak with a Thai family lawyer about filing the divorce claim and the protective application together. For an overview of both divorce routes, see Divorce in Thailand for Foreigners.
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