Prenup

[villageidiotY2K]

I have been with this lady for 4 years now and it seems like it's destined to be married.  I feel I have to,  since she's taken care of me at my down times and I can stay in Thailand with marriage visa and not being lonely old man. No she's not a bar girl!  if we set up a prenup in case shizzle hits the fan,  I feel it's gonna be less disastrous and peace of mind. 

 

So,  anyone has set up the prenup before the marriage?  

As I read on other post that money earned (inc salary?) after marriage must be divided, I would like to include this in a prenup. As income,  cash is my biggest asset. 

This is possible to inc in the prenup right? 

 

Also what other things should be included? 

I'm also concerned about her medical condition, also maybe debt and wouldn't want be liable for that as well... 

 

In case of debt,  if they refinance after the marriage, how does it go? 

 

Also suppose if she's got a new debt without my knowledge after marriage, how does this go as well? 

 

Koolio 

 

 

 

[blackcab]

On 6/13/2018 at 1:00 PM, villageidiotY2K said:

So,  anyone has set up the prenup before the marriage? 

 

A prenup can only be registered at the time of marriage, at the District Office, just before the marriage documents are signed. Anything else is unenforceable.

 

On 6/13/2018 at 1:00 PM, villageidiotY2K said:

As I read on other post that money earned (inc salary?) after marriage must be divided, I would like to include this in a prenup. As income,  cash is my biggest asset. 

 

Most assets gained after marriage should be equally divided upon divorce. You do not have to give your wife half your cash income while you are married. Also, if you have spent everything at the time of divorce, there would be nothing left to divide.

 

On 6/13/2018 at 1:00 PM, villageidiotY2K said:

This is possible to inc in the prenup right?

 

I don't think you understand what a Thai prenup does. If you think it can isolate assets you receive after marriage so your wife cannot get them, you are wrong.

 

A Thai prenup does not do this. Thai law is very specific about who gets what upon divorce. The reason a prenup does not protect you in the way you might think is because a contract between two people, even if entered into willingly, cannot supersede statute law.

 

On 6/13/2018 at 1:00 PM, villageidiotY2K said:

In case of debt,  if they refinance after the marriage, how does it go?

 

You potentially own half the debt. There are exceptions, and there are times when your permission would be required to incur the debt. There are times when your permission would not be required, however.

 

On 6/13/2018 at 1:00 PM, villageidiotY2K said:

Also suppose if she's got a new debt without my knowledge after marriage, how does this go as well? 

 

As above. You would potentially own half the debt, depending how your wife went about it.

 

Then again she would own half of any debt you could legally enter into aswell.

[KKr]

on TV you will mostly get opinions, not always qualifying as legal advice, for such important, one chance to get it right, contract.
I would suggest to visit a Lawyer to do a prenup properly.

We did,  
fixed values for my investments in Thailand,
( share the profits thereof, if any, with my wife. )

Neither of us is liable for other party's debts incurred prior to marriage.
Both need the others' approval for new debts to be common property,
and she cannot mortgage the house or the land.
 

[davemos]

So how can you find the financial position of the gf pre  nuptials?

 

[Paulbuick1]

WFW law in Bangkok specialise In prenuptial agreements ask for William 

 

But make sure it's registered at the marriage or it won't be valid in a Thai court. 

Edited June 21, 2018 by theoldgit
email address removed, as per forum rules

[catman20]

(1) I have been with this lady for 4 years now and it seems like it's destined to be married. (2) I feel I have to,  since she's taken care of me at my down times and I can stay in Thailand with marriage visa and (3)not being lonely old man. (4) No she's not a bar girl!  if we set up a prenup (5) in case shizzle hits the fan,  (6)I feel it's gonna be less disastrous and peace of mind. 

 

1 wake up your not reading some love story.

2 just cos u get a marriage visa ? ur having a laugh.

3 ?

4 yeah right ?

5 when it goes wrong and it will.

6 sure it will be.

7 dont get married its not compulsory just live together like a clever boy.

 

[watboy]

I've got easy access to lawyers, and have been studying this for sometime. 

 

Basic concept: 

Assets you own prior to marriage are yours. Assets accumulated during the marriage are shared. There are some assets that can be acquired after marriage that you do not share, such as receiving an inheritance, but in general all new assets are shared.

 

You do not "own" half of debts acquired after marriage that you did not sign for. If your wife goes out and takes a loan that you did not sign, you do not owe it and creditors do not have a claim against you (they may try though). However, the creditor can make a claim on her assets, even the shared ones. Prenups that reduce your liability for each others debts before or after marriage are meaningless. What only matters is creditors ability to go after debtors assets, which include their shared assets. Best to have separate financial accounts, it will be especially hard for creditors to go after assets that are only in your name as they would have to prove that it is shared. Prenup language that prevents one spouse from mortgaging property also doesn't add much protection as Thai law already requires spousal consent to mortgage.

 

The "pre-nups" that Thai's register at time of marriage that are practically effective, are declarations of your personal assets for the avoidance of doubt in case of a future divorce.

 

Example, you buy a condo in your name only, prior to marriage. For extra protection, you register it as your own property and not shared when you register the marriage. Afterwards, if your wife signs up new debts and defaults, the creditors cannot seize your condo. Your wife cannot mortgage the property because it is not in her name. If you divorce later, your ex has no claim on the condo.

[blackcab]

On 6/19/2018 at 2:50 PM, watboy said:

You do not "own" half of debts acquired after marriage that you did not sign for.

 

There are some debts where you are obliged to pay half, even if you didn't sign for them.

 

These types of debt are listed in Section 1490 of the Civil and Commercial Code.

 

If a spouse was a deliberate liar, they could rack up a reasonable amount of debt due to household expenses, medical treatment, etc.