Australian Thai registered marriage

[gerrytraveller]

I am aware that a Thai resgistered is recognised by the australian government. Fact.

I am aware of thai government asset distribution laws should there be a divorce..(still living in Thailand ) . My question is ..as the Oz gov recognises the marriage what happens to the australian  assets.

Remember not living in oz. 

Does anyone know fact. No assumptions please.

Any links to oz regulations would be appreciated as i can not find any.

Thanks..

[BEVUP]

From what I know & have read on this Forum is that any assets you owned out right prior to being married are yours

Even if you are still paying things off I wouldn't worry as it would be difficult to track 

Don't worry about anything on the Auss side you are dealing with Thailand

[4MyEgo]

From my understanding of down under laws, is that if she is not a on a permanent spouse visa or an Australian Citizen, she is entitled to nothing.

 

I married my wife in Australia almost 11 years ago, a prenuptial agreement was entered into (the correct way), i.e. not two days before the marriage, not two days after the married, i.e. she was not under any duress, she was provided with something back in Thailand (fall back position) a parcel of land worth 120,000 baht back then and I was sending her family 10,000 baht per month, and I took out a life insurance policy to the sum of $100,000 with her as the beneficiary, still current today.

 

This was the advice of the family law specialist, who also advised me that the family law court wants to make sure the wife has a fall back position if the marriage fails tomorrow, i.e. you don't leave her destitute, and she also ends up on the welfare system, however once you have kids, the family law court will want to look at, who is going to be looking after them and may recommend a % be given to the x wife for the kids, say 10% per child so that they can continue to be looked after which I believe to be fair.

 

My advice to you would be to have a one hour consultation with a family law specialist as there advise could prove to be invaluable.

 

The parcel of land I purchased the Mrs back then has since two years ago had a big house put on it as we retired here back in 2015, its hers, we have 2 kids so they have a better fall back position, and from what I have heard from many stories, is only invest as much as your prepared to lose, say 10%

 

Have had zero regrets marrying my gal, she has value added to my life 100 times over, and even though I love her till time takes my last breath, I believe love is love and your hard earned finances are your hard earned finances, i.e. unless you have both worked for them, suffice to say is she is a stay at home mum and is looking after you and the kids while you earn a crust and invest to go forward, then will her your estate, at least that way you can change your will as you like, especially if things go sour.

 

I have seen to many a man wear their hearts on their sleeves and become blindsided by love, losing a hell of a lot when all they had to do was have protection, no not the condom, a prenuptial agreement in place.

 

The prenuptial agreement can always be challenged, but first it has to go to the family law court and their legislation is as I basically stated above, however if she challenges you in the supreme court under common law, it could be a different ballgame, suffice to say they will also have to look at the family law act, and I am pretty sure if you followed the guidelines of being fair, you shouldn't have an issue, besides, she would have to have some pretty serious money to want to take you to the supreme court, as those white wigs charge up front for court appearances and to take on cases, and we are talking in the tens of thousands of dollars for the supreme court.

 

Good luck

[BEVUP]

Do not deal with the Auss side