Divorce and property abroad

[somtumwrong]

Hi, if I marry in Thailand, and I get a divorce a few years later in Thailand, and both live here. What is she entitled to of my property/wealth acquired before and during our marriage in my home country? Is this division of property then done according the laws of Thailand or, on the portion of my property in my country, in, well, my country?

[beachproperty]

She is only entitled to 1/2 of what you acquire here in Thailand after marriage.....

[somtumwrong]

2 hours ago, beachproperty said:

She is only entitled to 1/2 of what you acquire here in Thailand after marriage.....

Hmm yeah but I asked about my assets in my home country ?

[AlexRich]

I think you're home country assets are safe unless you take her back to the home country and she teams up with fellow Thais who explain the divorce procedure to her ... a lot more difficult for her to do from Thailand. Personally I think that a home country divorce and settlement is possible ... but to be 100% sure consult a lawyer in your home country before you marry. 

[somtumwrong]

Thanks, but it looks like a Thai wife (ex) can claim for your foreign property in your country as well, saw some posts about it for an Aussie and a UK guy, but not sure if this is really the case. I guess it's up to the wife if she realizes what she has to do to claim her part in your country. I think for my part (I'm married, but I don't believe in never ending love stories), I will just transfer 90% of my assets to my adult kids, and live off the dividends. The only thing you can really trust are your own kids, actually. I mean if you always took care of them and they care for you ?

Edited July 15, 2018 by somtumwrong

[happylarry]

Thai law only includes Assets in Thailand. 

HL

[AlexRich]

2 hours ago, somtumwrong said:

Thanks, but it looks like a Thai wife (ex) can claim for your foreign property in your country as well, saw some posts about it for an Aussie and a UK guy, but not sure if this is really the case. I guess it's up to the wife if she realizes what she has to do to claim her part in your country. I think for my part (I'm married, but I don't believe in never ending love stories), I will just transfer 90% of my assets to my adult kids, and live off the dividends. The only thing you can really trust are your own kids, actually. I mean if you always took care of them and they care for you ?

 

If you want to be 100% safe never discuss your assets with your wife and try to hide them outside your country, leave the details with your kids, or give them legal control over them. Transferring to kids is fine but if the assets become legally theirs and they are subject to divorce or bankruptcy you'll be in a pickle. 

[somtumwrong]

Just now, AlexRich said:

 

If you want to be 100% safe never discuss your assets with your wife and try to hide them outside your country, leave the details with your kids, or give them legal control over them. Transferring to kids is fine but if the assets become legally theirs and they are subject to divorce or bankruptcy you'll be in a pickle. 

Thanks, good advice, just doing that. With two passports I can also sink a part of my assets into another country ? Not thinking I will divorce in the next 15 years, but you never know. At least things are then 'ready'. 'Sorry hon, I drank all the money..'

[AlexRich]

13 minutes ago, somtumwrong said:

Thanks, good advice, just doing that. With two passports I can also sink a part of my assets into another country ? Not thinking I will divorce in the next 15 years, but you never know. At least things are then 'ready'. 'Sorry hon, I drank all the money..'

 

Some on here might view your post as being a bit cynical but as far as I'm concerned you have to prepare for all eventualities. I sometimes post on a share bulletin board and one of the posters mentioned that two friends married Thais, brought them over to the UK, after a short time they divorced them and marched off with the lion's share of the assets. They were schooled in the divorce laws by other Thais that they met in the UK. Not a huge issue if you are under 30, because you can recover, but not for men who are 50 plus. At that age the heart should never rule the head. 

Edited July 15, 2018 by AlexRich

[somtumwrong]

8 hours ago, AlexRich said:

 

Some on here might view your post as being a bit cynical but as far as I'm concerned you have to prepare for all eventualities. I sometimes post on a share bulletin board and one of the posters mentioned that two friends married Thais, brought them over to the UK, after a short time they divorced them and marched off with the lion's share of the assets. They were schooled in the divorce laws by other Thais that they met in the UK. Not a huge issue if you are under 30, because you can recover, but not for men who are 50 plus. At that age the heart should never rule the head. 

I'm a cynical realist, but otherwise a nice guy. Just spooked by everything I read here. But 'mine is different', she only asks for 10K a month (we have one kid together, of course I should pay), she has a 50% paid off condo, and a 100K+/month job. And she is not that interested in my assets abroad, which I think is good. The only downside is that she wants to be a house wife in one year (sigh) and she would be 'happy' if I built her the 1.5M house on her land in her small town not far from Bkk (sigh #2) ?

[AlexRRR]

You got the kid without marrying her, leave as is, in reality you two have had and can still have a happy union without the piece of paper, if your aussie she can get at it even if she's never lived in AU, stay single in terms of the law morally you are joined with her.

 

It seems typical of Thai women wanting to chuck in there jobs when they have a "farang" bankrolling there life, be a man and tell her no, Aussie women go to work run a house and care for kids, Thais are a soft lot, of course you will be required to finnish paying off the mortgage and any other depts she's incurred and that 10K monthly you think is fair that you pay even she's on like top money by Thai standards will of course have to rise, i mean to say she would have some expensive habits by now not to mention the money she sends back to the family but hey your nice guy like you say, she's got you right where she wants you....Never underestimate anyone especially if it goes sour some will crawl up the highest mountain just to get back at you...

[Krataiboy]

On 7/15/2018 at 11:42 PM, AlexRich said:

 

Some on here might view your post as being a bit cynical but as far as I'm concerned you have to prepare for all eventualities. I sometimes post on a share bulletin board and one of the posters mentioned that two friends married Thais, brought them over to the UK, after a short time they divorced them and marched off with the lion's share of the assets. They were schooled in the divorce laws by other Thais that they met in the UK. Not a huge issue if you are under 30, because you can recover, but not for men who are 50 plus. At that age the heart should never rule the head. 

Nor should any other organ.

[topt]

On 7/16/2018 at 8:41 AM, somtumwrong said:

she only asks for 10K a month (we have one kid together, of course I should pay), she has a 50% paid off condo, and a 100K+/month job.

Curious, if she has a 100k plus per month salary what is the reasoning behind asking for the 10k as presumably you just pay for lots of stuff together anyway?

[Elkski]

Why get married?  100k that is nice wages.  Why the 10k.  Official payment? That's more than most divorced father's send for a Thai child when ex makes 10 k

[Media1]

On 7/15/2018 at 5:26 PM, beachproperty said:

She is only entitled to 1/2 of what you acquire here in Thailand after marriage.....

Yes and even if you own no property and have cars bikes and just go. Unless she pays lawyers she gets 0

[BritManToo]

On 7/15/2018 at 8:39 PM, somtumwrong said:

but not sure if this is really the case.

Foreign nationals have no access to UK courts unless they can get to the UK in person.

(theory says they can, reality of the UK means they can't)

 

But why marry? Whats in it for you?

[BritManToo]

24 minutes ago, Elkski said:

Why get married?  100k that is nice wages.  Why the 10k.  Official payment? That's more than most divorced father's send for a Thai child when ex makes 10 k

If she's earning 100k/month, she should be giving you money.

OP, what exactly are you paying her for?

(Hopefully your answer won't be access to her vagina)

Edited July 21, 2018 by BritManToo

[Byron Allen Black]

22 minutes ago, Media1 said:

Yes and even if you own no property and have cars bikes and just go. Unless she pays lawyers she gets 0

In another recent thread someone remarked, half in jest (maybe 30%) 'Always be worth more alive than dead as a farang husband'. Judging from the numerous historical examples of inconvenient hubbies being done away with, it is wise to bear in mind.

 

It's rarely the ex-wife alone. She gets 'counsel' or 'encouragement' from relatives or other cohorts.

[fittobethaied]

In the USA, at least in the State of Tennessee, any assets that you acquired in your home country before your current marriage, and which remain only in your name, is considered separate property and your wife would not be able to lay claim to it. Just to be on the safe side I would consult an attorney in your home country, and absolutely do not discuss any of your assets back there with your wife. It's best just to keep them dumbed down. As soon as you start to educate them you are asking for trouble. And as has been mentioned, keep them away from the Thai ladies back home, and especially the Western females that will want to teach her how to not only be your equal but to take total control. Been there....done that! Took a simple Thai country girl back to the US and once the divorced man-hating females got hold of her I didn't stand a chance and she wound up with half of my assets. I was naïve enough to put her name together with mine on every asset, and when she was ready to make her move she gutted me. It took her 18 years, but sooner or later they all learn the game and are just waiting for the right opportunity to make their move. And yes, I do paint them all with the same brush! 

[Stevemercer]

Your wife can only make a claim against assets in your home country if (a) your marriage has been registered in that country; and (b) she is able to get a bridging visa for the necessary period to pursue a divorce financial settlement (e.g. at least 12 months). In many countries she would need to be a permanent resident in that country.

 

If you just intend the civil marriage ceremony in Thailand (to satisfy her family) and maybe to register the marriage at the local amphur so it is legal (e.g. not marry in your home country) I wouldn't worry.

[oldrunner]

Last time I checked a "Kid" was part of the sheep family. Humans normal sire a "Child".

[bkk6060]

There are prenups here.

I think getting married at any time is just stupidity. 

[Jingjock]

On ‎7‎/‎15‎/‎2018 at 8:39 PM, somtumwrong said:

Thanks, but it looks like a Thai wife (ex) can claim for your foreign property in your country as well, saw some posts about it for an Aussie and a UK guy, but not sure if this is really the case. I guess it's up to the wife if she realizes what she has to do to claim her part in your country.

A year ago my friend took his wife after 7 years to his country. He died there just after arrival about a month approx. his wife returned here, and hired a lawyer overseas, she was entitled to nothing, but the family gave her a share, not the 50% if she had resided there. Thais have no claim on overseas assets unless there i a written agreement. agreement

[4MyEgo]

On 7/15/2018 at 11:39 PM, somtumwrong said:

Thanks, but it looks like a Thai wife (ex) can claim for your foreign property in your country as well, saw some posts about it for an Aussie and a UK guy, but not sure if this is really the case. I guess it's up to the wife if she realizes what she has to do to claim her part in your country. I think for my part (I'm married, but I don't believe in never ending love stories), I will just transfer 90% of my assets to my adult kids, and live off the dividends. The only thing you can really trust are your own kids, actually. I mean if you always took care of them and they care for you ?

I can speak about Australia, if she is married in Australia, she can have a go if you don't take out a prenuptial agreement, they are still in place as they fall under the Family Law Act, whereas I believe in the UK they are done and dusted, i.e. no longer a useful tool. No when I say they are still in place, there was a big write up how a bloke who was married had one, he passed and his x wife challenged his will in court and won, that said, it wasn't fair and she was under duress.

 

That above said for a prenuptial agreement to work properly it must first be fair and reasonable, an example would be from my own personal experience, i.e. when I took one out with my Mrs 11 years ago, it went like this, I purchased her a block of land in her village in Thailand for $4,000 AUS back then, and I took out an insurance policy of $100,000 in case I passed, all assets that I had were mine before the marriage, the bloke of land was a fall back position if the marriage failed, and the life insurance policy was for her to go forward if I passed away during the marriage, again, all assets were mine, but were willed to my daughter from a previous marriage.

 

Prenuptial agreements do change we when kids come into the picture, i.e. the court can rule a % of your assets worth towards, say 10% for one and 20% for two so that they get a leg up, these are examples, however they wouldn't stick it to you like a normal marriage, because you have a prenuptial agreement in place.

 

My wife has twin boys from her previous, however they were never in the picture as far as I was concerned legally speaking, although I did support them when we lived abroad, i.e. I would sent 10,000 baht per month to Ma & Pa Kettle for looking after the boys.

 

I now live in Thailand, the block I purchased for her 11 years ago has a big house on it, she also has a modern car in her name (not mine), the life insurance policy is still in place, we have 2 kids together plus her boys and we all live happily together.

 

There is a will in place that the 3 girls, one from my previous and two with her split the estate when I part.

 

My Mrs I feel that I know 99.9% and that's about as good as it gets, the other 0.01% has to be considered, because that can always start something in a court of law in Australia, i.e. challenge the prenuptial, remember I said the prenuptial agreement changes when you have kids, that said, I have always been a firm believer that you only invest as much as your prepared to lose in a relationship, i.e. 10%, that said the 1st one agreed to a 50/50 split with our 1st child, however she was working and contributed to the marriage of 12 & a half years of hell.

 

My wife has it good, she has never worked since she met me, she ain't spoilt and looks after me very well, and knows that her and the kids futures are taken care of, however, if things went paid shape, I would walk away less 10% of what I have invested in her, that said, I would always provide for my children, her twin boys and herself, after all, we can't take it with us, but at the same time, we don't want anyone ripping it from us with the shady laws that give women more rights than men in most western countries in my opinion, having seen some mates get well and truly bent over in the courts without prenuptial agreements.

 

Transerfing your assets to your kids, I believe would be a mistake, perhaps look into a trust or seek professional advice on the matter, and of course seek advice from a family law specialist when it comes to marriage, not a lawyer or a solicitor, a family law specialist, i.e. they deal with this stuff day in day out and know the ins and outs.

 

 

[IFinish]

Simple really, she gets the gold, you get the shaft.

[bangkoken]

Unless you have registered your marriage in your home country the marriage is not recognized and therefore no property division is required. However, any property acquired in Thailand during your marriage is maritial property and should be divided as such by either mutual agreement (District office) or a Thai court of law. Do yourself a favor and contact a good attorney in Thailand. I had a similar situation and used a firm in Bangkok called The Kingdom Law Group and they did a great job for me.

[SteveB2]

Gentlemen. You're thinking way too complicated here...

 

This is a war you are getting into - don't expect the other side to play nice.

Most women under the advice of their lawyers and schooled by their friends will be plotting to bleed you dry in any way they can.

This is truly a 'burn your bridges' event. There's no going back. Do not expect any kindness to be shown by the other side at all.

 

In which instance, below is the correct procedure to follow in most countries to end up with a solution that you control at all times.

There's nothing illegal here. Read on.

 

• Immediately have a meeting with and retain a high end lawyer to handle your divorce paperwork in you’re soon to be x-wife's country of residence...
  • In the capital city. Specializing in divorce.
  • Nowhere near your x-home town where the missus lives.
  • Leave the lawyer with at least USD1,000 to cover any admin duties you may wish them to carry out.
  • You're not planning any court appearance of course.
• Quietly liquidize everything into cash.
• Take loans out or lease out stuff you can't liquidize (cars, boats, land, property, whatever) and turn into cash.
• Drain all your bank accounts down into cash.
• Do the same both here and in your home country.
  • Discover independent safety deposit boxes.
  • Obviously choose a secure discrete provider who's been in business for a century or so.
• Move the cash somewhere safe offshore.
  • Maintain proof of the cash withdrawals in case you need to show 'proof of source'
  • High end bankers/Xpat financial planners can help with this type of planning - It’s a very common request.
• Finally, plan an extended holiday in a country outside the jurisdiction you wife lives in
  • Move to the new country
  • Immediately trigger the divorce via the high end lawyer retained in your x-wife’s country.
  • Your new country of temporary residence should be somewhere on the other side of the world.
  • Plan on being there around 6-9 months at least.
  • New facebook and social media ID for the new you.
  • This new country should have other countries bordering that are desirable to holiday in too.
  • Go cash only (no credit cards) so as to not leave an electronic trail.
• Continue to answer any court letters via your lawyer (nothing direct from yourself) with ref to the divorce procedures.
  • Ensure the court understands that you are hard up and are living with friends
  • That you don't have any money for an air ticket or anywhere to stay near the court.
  • They are not going to pay for you to travel so as to attend a civil proceeding... of course
  • Any lawyers on your wife's side quickly loose interest since there is nothing to go after.

Finally, once it has all blown through and the divorce is finalized, then for at least a year or so...

• Avoid returning to the country where your x-missus lives
• Avoid contact with anyone she knows.

I hope this advice helps. Worked like a charm for me. Cheers. 

 

 

[heybuz]

[helloagain]

On 7/15/2018 at 6:30 PM, somtumwrong said:

Thanks, good advice, just doing that. With two passports I can also sink a part of my assets into another country ? Not thinking I will divorce in the next 15 years, but you never know. At least things are then 'ready'. 'Sorry hon, I drank all the money..'

Dont marry. Marry for what. Just take care. For the record i have married here. 11.5 year of marriage and knowing my wife for another 3 years we both love each other to bits still. Im good to her family. We had 3 holidays this year with 2 to go. Im 65 she 47. Just sold some land that has trebled in value over the last 11 years. Lifes good. If your partner is ex bar there is your answer. If she good girl and feels happy and takes care of you go for it. BUT you have uk kids and that is a problem. I dont my wife gets all in thailand and all in joint offshore. I sold uk homes 12 years ago. 

[catman20]

On 7/15/2018 at 8:17 PM, somtumwrong said:

Hmm yeah but I asked about my assets in my home country ?

you still keep them. why get married just live together keep things simple.