married to a thai, no kids, no prenup

[dante123]

discussed divorce with the wife, she claims she is willing to simply get out of the marriage and sign an agreement with the laywer that she will accept a small sum of money and wont go after any other funds or assets.

 

assuming she sill sign such an agreement, will it hold ? she cannot change her mind later on ? will it be a done deal ?

i read that a postnup agreement is worth 0 if she changes her mind, or is this not considered a postnup since its happening during a divorce?

 

[Langsuan Man]

See a lawyer, hopefully before she does 

[Thainesss]

You dont even need a lawyer, you both just need to go to the amphur where you got legally married and sign the divorce documents. The official cost is like 30 baht. 

 

What you agree to give her to get her to go to the Amphur is up to you, but once those docs are signed its over. 

 

Getting her there to sign the docs is another story entirely

[wreckingcountry]

What thai female says and What she does .. 2 different things ! If she did decide to talk to a Thai lawyer before any divorce you can be damn sure he’ll change her mind !


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[Khaeng Mak]

You didn't mention property, just funds and assets.  So transfer all of the funds and assets offshore. Problem solved.

[dante123]

47 minutes ago, Khaeng Mak said:

You didn't mention property, just funds and assets.  So transfer all of the funds and assets offshore. Problem solved.

No way she can reach foreign funds? If she knows where they are for example bank name and country? 

[Orton Rd]

Get to the Amphur tomorrow before she changes her mind!

[remorhaz]

So long as she divorces you in Thailand you don't have much to fear.  If she gets to your home country and files a divorce there then you're in trouble and likely on the hook for decades of maintenance.  But if you transfer the funds out of Thailand you're pretty much in the clear.  A court may order otherwise but they can't enforce it if your money is sitting in a London bank especially if they can't get hands on you because you went elsewhere. 

[AgMech Cowboy]

On 4/21/2019 at 8:26 AM, wreckingcountry said:

you can be damn sure he’ll change her mind

In every country.

[PingRoundTheWorld]

What does the law actually say about division of property (and cash/funds) at divorce? Not that I'm considering marriage currently, but if I ever wanted - what would be the maximum damage possible in Thailand?

[MarleyMarl]

As far as I am aware, for it to hold up in a western court (maybe even Thai one too), she needs to of had her own independent lawyer consultation on the matter.

 

If not and she just signs it, she could potentially say she didn't know what she signed because she is not a lawyer. It cannot be the same lawyer that you use or may have bias towards you.

[richard_smith237]

If you have assets to protect and are that concerned see a good lawyer... 

 

Tilleke and Gibbins in Bangkok (if you are in Bangkok) are probably the best and will advise you...

 

https://www.tilleke.com/practices/familylaw

 

 

[phantomfiddler]

On 4/20/2019 at 6:03 PM, Thainesss said:

You dont even need a lawyer, you both just need to go to the amphur where you got legally married and sign the divorce documents. The official cost is like 30 baht. 

 

What you agree to give her to get her to go to the Amphur is up to you, but once those docs are signed its over. 

 

Getting her there to sign the docs is another story entirely

And that is only if you are "properly and legally" married, not just the water chucking and string thing (which you can just walk away from like all the Thai guys do). Mine cost me 500 Bht enticement, and my lawyer was angry at me for giving her that much ????

[Jaggg88]

7 hours ago, PingRoundTheWorld said:

What does the law actually say about division of property (and cash/funds) at divorce? Not that I'm considering marriage currently, but if I ever wanted - what would be the maximum damage possible in Thailand?

50 - 50 even with kids involved. You have a chance at the Amphur to declare assets you already own before you actually marry. This is an extract from a legal advice column in a well known paper If you reside in Thailand and divorce in Thailand, the rules are relatively straightforward. Anything that either party owned before entering into the marriage is untouchable and will remain with the original owner, any chattels gained after the marriage will be split 50/50 irrespective of who paid for them.  However, it's best to declare assets before the marriage so there is no argument over when you attained them.

[blackcab]

Off topic comments have been removed.

[justin case]

On 4/21/2019 at 9:52 AM, Khaeng Mak said:

You didn't mention property, just funds and assets.  So transfer all of the funds and assets offshore. Problem solved.

haha, ignorant people around here...   the day one partner files for divorce, all the assets will be registered and up for a 50/50 split ...

 

 

[Kenny202]

On 4/30/2019 at 3:36 PM, MarleyMarl said:

As far as I am aware, for it to hold up in a western court (maybe even Thai one too), she needs to of had her own independent lawyer consultation on the matter.

 

If not and she just signs it, she could potentially say she didn't know what she signed because she is not a lawyer. It cannot be the same lawyer that you use or may have bias towards you.

Any pre nup, certainly in Australia has to be ratified and stamped by her lawyer, saying that she was explained the legalities and ramifications of her actions. It can not simply be a piece of paper you sign together or have witnessed. She can say she was coerced or simply that she has changed her mind. It's not 100% and anything can be argued in court if one has enough money and is persistent enough but will certainly protect you where specific items are listed as your sole property before entering into the marriage for eg property, vehicles, assets, superannuation, possible inheritances. After separation you need to do a property settlement again with her seeking independant legal advice and her lawyer stamping the document. Even that can be disputed later, for example if she could prove you did not disclose all you had at the time of separation....but I believe it is not easy. It sounds like too late for prenups in your case anyway. I would just run with what she is agreeing to do, agree on an amount. Get to the amphur as soon as possible with witnesses and should all be final. 

[Kenny202]

On 5/4/2019 at 8:28 PM, justin case said:

haha, ignorant people around here...   the day one partner files for divorce, all the assets will be registered and up for a 50/50 split ...

 

 

Not all of the assets. Only the ones that were accumulated during the marriage. Apparently the Thai courts are very fair here in that respect

 

[thaibeachlovers]

On ‎4‎/‎30‎/‎2019 at 8:30 PM, PingRoundTheWorld said:

What does the law actually say about division of property (and cash/funds) at divorce? Not that I'm considering marriage currently, but if I ever wanted - what would be the maximum damage possible in Thailand?

If divorced at amphur, it's whatever the couple agree to. If it goes to family court, it's 50 50 of property/ money etc after marriage.

At least, that's how I understand it.

My wife agreed to a straight divorce at amphur with no money due to her, but that could be because she'd have had to sell her car to give me half the money. I agreed because if she took me to family court it would have involved lawyers and big money for nothing.

[thaibeachlovers]

5 hours ago, Kenny202 said:

Get to the amphur as soon as possible with witnesses and should all be final. 

Don't need witnesses ( depending on the amphur ). The staff witnessed my divorce.