U.K. settlement visa and divorcing a Thai

[Bruntoid]

Mods feel free to move if appropriate 

 

Chatting/arguing in a bar and a mates Thai Mrs wants to get a UK settlement visa (I think 5 years ?) - if they were to get divorced in the U.K. in that 5 years would she be entitled to half his UK assets ? House, pensions etc ? 
 

As far as I know she didn’t contribute anything towards them 

[uncleP]

Children are the main drain on finances. If children do not happen then there is less chance of being taken to the cleaners.

[Bruntoid]

There are no children but I’m not sure how that helps - would she be entitled to half the assets is what we’re after especially the U.K. house. 

[wobblyjohn]

If she has been contributing to household bills in any way I would think yes she has a claim now wether it would be half of the assets I would think not 

[talahtnut]

A wife with kids, gets the house and maintenance.

A wife no kids, after 5 years, gonna be halves.

Wimmins got the upper hand in UK. Cover your ass now.

[Kwasaki]

In his situation and the difference in wealth of the 2 party's I would of thought thats why there prenuptial legal agreements.

If she didn't want to sign up to it then beware. 

[Bruntoid]

No kids or contributions and the house was purchased before they were married. 
 

So if 1 month after they land in the UK , her on a settlement visa she decides she wants a divorce - she wouldn’t get anything from the UK house ? 
 

He’s getting warnings from some and nothing to worry about from others and he’s too tight to ask a lawyer ! 

[talahtnut]

6 hours ago, Kwasaki said:

In his situation and the difference in wealth of the 2 party's I would of thought thats why there prenuptial legal agreements.

If she didn't want to sign up to it then beware. 

Prenups are not valid in UK courts, but if you have one, it may help in unusual circumstances,

Make sure you get a male judge, and male legal representative.

However, like you say, 'if she dont want to sign it', you smell a rat.

[Mike Rodik]

isn't it universal, that everything that was yours before marriage will be yours, but everything obtained during, is up for a split

 

unless you have a prenup and she gets a one way ticket back to where she came from

 

they do it for farang in thailand, if no kid ,  work or pension age involved

[7by7]

7 hours ago, Bruntoid said:

So if 1 month after they land in the UK , her on a settlement visa she decides she wants a divorce

Firstly; obtaining the visa is just the first step of the process. It takes at least five years of UK residence as the partner of a British citizen to obtain settlement, otherwise known as Indefinite Leave to Remain.

 

If the marriage ends before then, unless they have British children under the age of 18, the immigrant spouse no longer has any right to remain in the UK. They can stay until the day their current leave expires, but have to leave then at the latest.

 

Unless the marriage has ended due to the death of the British partner or due to the immigrant spouse being the victim of domestic violence.

 

As for splitting the assets and any maintenance payments after divorce; there are no hard and fast rules in the UK. See Money and property when you divorce or separate.

 

@talahtnut is not 100% correct. Prenups are not legally enforceable in England, Northern Ireland and Wales; but the court may take one into consideration if certain criteria are met. They are legally binding in Scotland. (See here*)

 

*This is a commercial site which I am using purely for illustrative purposes. I am neither endorsing nor recommending them.

[Kwasaki]

3 hours ago, talahtnut said:

Prenups are not valid in UK courts, but if you have one, it may help in unusual circumstances,

Make sure you get a male judge, and male legal representative.

However, like you say, 'if she dont want to sign it', you smell a rat.

You maybe correct, dunno but negotiations between the two representing solicitors can find an agreement most people wanna avoid court. 

As for OP's friend if he take her home to UK, he should not let her stay for more than 3 months if she has UK citizenship.

If the lady is not a UK citizen I would say she has no claim.

 

[talahtnut]

10 hours ago, 7by7 said:

Firstly; obtaining the visa is just the first step of the process. It takes at least five years of UK residence as the partner of a British citizen to obtain settlement, otherwise known as Indefinite Leave to Remain.

 

If the marriage ends before then, unless they have British children under the age of 18, the immigrant spouse no longer has any right to remain in the UK. They can stay until the day their current leave expires, but have to leave then at the latest.

 

Unless the marriage has ended due to the death of the British partner or due to the immigrant spouse being the victim of domestic violence.

 

As for splitting the assets and any maintenance payments after divorce; there are no hard and fast rules in the UK. See Money and property when you divorce or separate.

 

@talahtnut is not 100% correct. Prenups are not legally enforceable in England, Northern Ireland and Wales; but the court may take one into consideration if certain criteria are met. They are legally binding in Scotland. (See here*)

 

*This is a commercial site which I am using purely for illustrative purposes. I am neither endorsing nor recommending them.

Thats quite right, mine was settled in a room in the courthouse before the court.

She got pasted by a pricey barrister, wimmins is strange beasts.

[puchooay]

12 hours ago, Kwasaki said:

If the lady is not a UK citizen I would say she has no claim.

I would tend to disagree. A legal marriage would be binding regardless of nationality.

[London Boy]

Let me add my own experience having got divorced from a foreign bride (albeit a New Zealand lady). I had a signifiant ammount of property in London which was bought before we got married, but as we lived in one and drew income from the others, they were still considered 'relationship property'. the ex was a well educated Barrister who took me to the High Court in Auckland to claim 50% of all world wide assest, but what was important was 'the forum' she choose, which was New Zealand where we only had a family home. So the judge ruled any assests out of NZ was inadmissable, so lucky me, all my substatial assest were saved. So the moral of the story, if you friend has assets in the Uk and she divorces him in the Uk, she will be entitled to 50%.

[Kwasaki]

23 hours ago, talahtnut said:

Prenups are not valid in UK courts, but if you have one, it may help in unusual circumstances,

Make sure you get a male judge, and male legal representative.

However, like you say, 'if she dont want to sign it', you smell a rat.

According to to google ???? prenups are legal in the UK now, as long as theres witness and proof of it being signed with both party's in agreement