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Englishman requiring marriage advice


Steve1177

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Hello TV

I have been married to a Thai lady happily for a couple years now (no children and none planned), we married in Thailand and this was formally registered with the Ampur and British embassy (fully legit), and no prenup.  I am expecting a large inheritance soon, and wonder what entitlement my Thai wife would have in case she suddenly decided she wanted to divorce - not expected, but I worry due to the sum involved.  I wonder what the Thai law (or likely outcome) would be, and if not satisfactory, could I insist on this being dealt with by a UK court as a worse case scenario?  How would a UK court likely side?  Can I protect this from becoming an issue, or any general information would be much appreciated.  We live in Thailand and intend for that to remain the case - my wife does not have right to reside in UK.  

As I say, I am not expecting anything bad to happen, but I am obviously curious on the topic. 

Thanks for any help

Steve  

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She is entitled to half of all earnings (including debts) made during the marriage. 

 

Regarding inheritances it depends. Many countries have a provision in the law that gives the option that an inheritance will not be shared with the spouse but is only for the intended person. But that must be stated in the will. 

Thailand has a similar law, but not sure if in Thailand it will be automatically be regarded as money for the intended party only, that doesn't need to be shared with the spouse upon divorce.

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If it is as big as you suggest then get yourself a few Mia Nois, buy them condos and cars and generally shag your heart out. This will minimise the inheritance issue eventually plus your status in Thai society will be elevated to a higher level owing to you fully adapting and adhering to Thai cultural norms. Enjoy life.????

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Under Thai Law not all monies gained during marriage are considered joint property (Sin Somros).

Items and money gained through a will or inheritance remain remain your personal property (Sin Suan Tua)

Section 1471 (3) of the Thai CCC applies

 

Section 1471. Sin Suan Tua consists of:

  1. property belonging to either spouse before marriage;
  2. property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse;
  3. property acquired by either spouse during marriage through a will or gift;
  4. Khongman.
  5.  

 

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If i was that concerned i would probably tell her the inheritance is about 20% of the actual amount and keep the rest in a separate bank account .

You can always say another realative left you more money in another few years.

 

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4 minutes ago, kwak250 said:

If i was that concerned i would probably tell her the inheritance is about 20% of the actual amount and keep the rest in a separate bank account .

You can always say another realative left you more money in another few years.

 

Why tell her anything about your finances? Here, need to know is a good rule of thumb. 

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a few comments,

 

if the funds are not required here then why bring them in and maybe later have an issue taking back out if you ever decided to move elsewhere.

 

you can bring in a certain amount as required or a monthly allowance so invest it back in the UK then you will not have an argument if she left you or you decided to leave its still outside the country and under your control.

 

i have heard stories also where a thai family knows the farang has a lot of money so then the family leaches come out for a share or something new or maybe even knock the farang off and get everything...

 

dont bring it in... i also had a similar issue when my both parents past away... i dont need the money here so parked it in a bank elsewhere .... if you dont want it left in the uk then consider singapore problem is trying to open bank accounts these days is difficult as they want to know everything and where funds came from due to money laundering laws .. but if your bank has a branch maybe they can assist.... there is no personal tax payable in singapore on income derived from investments placed with banks or financial institutes... and if you have a credit card you can visit the atm for cash or just use to spend....

 

good luck

 

 

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On 7/25/2019 at 12:32 AM, Steve1177 said:

I am expecting a large inheritance soon, and wonder what entitlement my Thai wife would have in case she suddenly decided she wanted to divorce - not expected, but I worry due to the sum involved.

Don't tell her it exists.

Blokes only lose money to women because they boasted about having it.

Keep your finances secret, no records in the house, nothing she can find when she searches your stuff.

And they do ALL search through your stuff when you're out.

 

PS.

If you don't get her a VISA, she will never have access to the UK court system.

But even in the UK, if they don't know you have assets, they can't find them.

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31 minutes ago, Fred31 said:

There speaks a true welfare scamming Brit!

Firstly, you don't know me, so why the personal attack ?

 

Secondly as someone who earns a six figure salary, I have never claimed welfare

 

Lastly, what does "welfare scamming" have to do with this ? He is still paying the necessary taxes but as others have pointed out, he could keep the money hidden from his missus. Nothing wrong with that.

 

P.S. Yes, I'm a proud Brit! At least you got that part right.

 

 

 

 

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Keep your mouth shut, knowing it can be a curse especially here in Thailand. It is like winning the lottery, it is tough even for foreigners lack of education/maturity having too much too fast changes people even you.

My best advice if you already shot your mouth off to U-Turn and say it is small, if she is worth it, spend wisely and prepare for the future and not live for today and have a need to show off. It is somewhat of a test!

Live comfortable set up her future without her knowing everything in case something happens to you that is the best thing you can do!

 

 

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On ‎7‎/‎25‎/‎2019 at 8:45 AM, Chelseafan said:

Have you told your wife about the inheritance ? If not, keep it locked up and out of sight....

 

 Best advice ^.

Say nothing and don't go making any large purchases out of the ordinary. Leave it in the UK.

Far as I know, after a legal marriage she is entitled to half if divorcing.

Life may be good now, but if problems occur, the prospect of a large pay off may tip the balance.

Very important not to let the in laws know about it and that means not telling anyone, especially your wife.

 

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OP< you clearly don't trust your wife for a couple of reasons?

 

  Just don't tell her anything and continue life as usual. Open up a bank account where she doesn't have access and leave it with a good friend. 

 

   If I would be so concerned that my wife would rip me off, I'd rather like a divorce than staying with her.

 

  Don't wake up sleeping dogs. They might bite you in the ars_.

 

 

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4 hours ago, inThailand said:

Can't a prenup be executed now?

 

Doing nothing does not seem like a wise move.

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

Thailand prenuptial agreement or "Thai prenup" is a written contract created by two people before they are married. 

A prenuptial agreement, antenuptial agreement, or premarital agreement (PNA), commonly abbreviated as prenup, is a contract entered into prior to marriage, 

 

So to answer your question  No .   A prenup has to be done/registered  before the wedding. Since they are already married  no prenup can be done.

However as ThaidDown said in his post property/money gained by a spouse thru inheritaance is not considered as marital propertyin a divorice.

  Section 1471. Sin Suan Tua consists of:

  1. property belonging to either spouse before marriage;
  2. property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse;
  3. property acquired by either spouse during marriage through a will or gift;
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