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Marriage, divorce and assets...


pepsi2021
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Hi All

Lets face it saying the words "I DO"  to your beautiful thai wife may come back and bite you where the sun don't shine later on in life.... So this is my question .

Can yo ex-wife make a claim on your assets in your own country.. I get the fact that your ex partner may make a claim on what you own in thailand and that I believe is a risk that you must take when you have said the magical words but what about assets elsewhere ..

Cheers all

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Never been married, but I imagine divorcing a Thai woman in Thailand would make you lose pretty much all of those assets, but zero of what you have in your home country. I know I’d be very surprised if the Canadian government co-operated with a foreign alien that’s never set foot in Canada, to give her some of my property

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from what i have read, any assets which are pre-marriage - return to the original owner, so she cannot go for houses / condo's / cars or gold that was purchased before getting married in Thailand. Post Marriage its 50/50 split. 

I keep very little in Thailand, only what i need to live by, i am in the process of buying land - but will put into a Company name that i own 49% of anyhow (and will have a 30 year lease - should do me until I pop me klogs)

Met a bloke in a bar who had invested 14mil baht into a business / small holding, but because he never got it in a company name or any protections, he's likely to loose the lot 😞

As with anything in life - go into it EYES open - not thinking via the penis, and do your protections.

 

regards

Peter

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I was married in Thailand following their legal process under law so my marriage has been recognised under UK law.  In the process of getting my wife over to the UK I had to show all documents relating to our marriage to ensure she was able to receive a settlement (family) visa. 

The important phrase to know is:

The marriage will only be recognised under UK law if it is valid under Thai law. For it to be valid in Thai law, the marriage must be registered with the Registrar at an Amphur Office (District Office).

I have been divorced in the UK from a British national and you can actually get a quick divorce if you both are happy to part without issue; the courts only get involved if you have children and you can't agree on division of assets etc.

I did my own divorce online and further by post with both parties agreeing to divorce, the court was happy that we were dealing with the assets, finances separate to the actual divorce and we didn't have children...cost me about £300 and only went to court to swear on a bible with the receptionist.

Presume it would be same with a Thai national but whether she would agree with you about splitting of assets etc without problems (needing lawyers) is another issue.

Edited by Horizondave
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On 2/19/2021 at 9:29 AM, Golfingboy said:

Never been married, but I imagine divorcing a Thai woman in Thailand would make you lose pretty much all of those assets, but zero of what you have in your home country. I know I’d be very surprised if the Canadian government co-operated with a foreign alien that’s never set foot in Canada, to give her some of my property

Not true ... you sign a pre-nup ... even in Thai your ass is covered .... a legal binding agreement even here in Thailand ... it may take a little time to get through the courts .. but, you win !

Marriage is a "crap shoot" .. IMHO ... you always gotta cover your ass .... she doesn't sign a pre-nup .. then get on down the road happy 

 I have never been married before Beach gal ..... and it took me 11 or 12 years to finally do it .... you gotta trust a person .. and can you ever trust someone 100% .. I don't think so .. so it is essential you cover your ass ... especially if you have some baht ...

These idiots that have lost their asses can only blame themselves .... the first thing to do is never put anything in her name ...... unless you want to lose it

Edited by code_slayer_bkk
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https://www.siam-legal.com/legal_services/thailand-prenuptial-agreement.php

 

Not a bad article, however Prenuptial Agreements are not recognised in all jurisdictions and although recognised in others are subject to conditions and limitations.

 

I would suggest the OP seek professional legal advice in both Thailand and his home country.

 

 

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I am fairly certain I made the right decision with Beach gal ... never any shit out of her mouth and I have "tested" her multiple times with her honesty with me ... always passed with flying colors

But, I still cover my ass ... maybe out of general cynicism .. because I have been with many a wild women ... most were pretty good to me ... and others were trying to play games .... I hate fucking games .... drama .. liars ...

Maybe it is a "left over " reflex I have doing "time" in a federal lockup .. no one looks out for you better than you looking out for yourself ... I believe you take life by the balls .. and only have honest people in your life .. if not .. then I think things become a cluster f**k for yourself ....

You just have to make sure your ass is covered ..... and if that is taking a hard stand ... then take it .. don't be a fool ....

 

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13 hours ago, john luke said:

https://www.siam-legal.com/legal_services/thailand-prenuptial-agreement.php

 

Not a bad article, however Prenuptial Agreements are not recognised in all jurisdictions and although recognised in others are subject to conditions and limitations.

 

I would suggest the OP seek professional legal advice in both Thailand and his home country.

 

 

What does your home country have to do with the laws in Thailand ?

 

Edited by code_slayer_bkk
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11 hours ago, code_slayer_bkk said:

What does your home country have to do with the laws in Thailand ?

 

Courts all over the world have set different criteria as to where they have jurisdiction.  The many criteria involved include where the property is physically located, where plaintiff and defendant are physically located, nationalities of plaintiff and defendant and many others.  

A number of jurisdictions make provision for a person who has been supported by another person in cases where the said person is likely to lose that support.

Even if a claim is totally without merit, it must be defended to avoid summary judgement being obtained and defending a case involves expenditure.  Recovering costs is never guaranteed, sometimes due to court rules and often on the principal that if a losing party does not have any assets then to use a cliche 'you can't get blood out of a stone.'

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4 hours ago, galenkia said:

Who would of thought this forum would have so many divorce law experts on it. 

I would have asked the bloke down the pub but they are all locked down. 

Divorce is never nice and it leaves us with plenty to say.  Luckily mine was relatively painless but expensive. 

Trying to avoid a messy divorce is probably down to 3 things:

1 .Make it work

2. Don't get married

3. Organise a pre nuptial

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14 minutes ago, Horizondave said:

Divorce is never nice and it leaves us with plenty to say.  Luckily mine was relatively painless but expensive. 

Trying to avoid a messy divorce is probably down to 3 things:

1 .Make it work

2. Don't get married

3. Organise a pre nuptial

4. dont f**k around ...

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