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Marriage In Thailand. How to keep myself safe?


kingofallasians

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Some are not aware or are too lazy, but Yes you can draw up a prenup here.  Smartest thing I ever did in my home countty married for 20 years and kept my full pension when divorced.  Have a good attorney write it up don't be a weak stupid man.

Edited by bkk6060
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1 hour ago, kingofallasians said:

Is it possible for me to sign a prenuptial agreement so that if we get divorced she doesn't get anything? 

 

No. Thai law is very specific about who gets what after a divorce. Your wife would be entitled to half of most things you earn/receive/obtain after you are married, but nothing from what you owned before you were married.

 

A prenuptial agreement, even if entered into willingly by both parties, cannot supersede statute law.

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1 hour ago, CharlieH said:

Marrying does not mean you can stay indefinitely just because you are married.You are still subject to visa condions each and every year.

Divorce and your visa (based on marriage) is over.

Lets say you buy a condo. Woman lives with you 3 years. Not married. Condo your name. Can she claim anything?

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It seems a bit of a drastic step because it will not make it that much easier to live here plenty of Farang live here full time without going that far. Having said that if you are a billionaire im open to offers.

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1 hour ago, blackcab said:

 

No. Thai law is very specific about who gets what after a divorce. Your wife would be entitled to half of most things you earn/receive/obtain after you are married, but nothing from what you owned before you were married.

 

A prenuptial agreement, even if entered into willingly by both parties, cannot supersede statute law.

Good to know.

I can't add anything to the discussion, as I got no knowledge in this area.  But it makes me think, will Thai marriage be legally recognized in the OP's home country, in which case he may be getting bigger problems if his wife makes claims under his home law, should he divorce one day

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1 hour ago, blackcab said:

 

No. Thai law is very specific about who gets what after a divorce. Your wife would be entitled to half of most things you earn/receive/obtain after you are married, but nothing from what you owned before you were married.

 

A prenuptial agreement, even if entered into willingly by both parties, cannot supersede statute law.

While I agree with the substance of your post, I would point out laws change, usually to the detriment of males. I've yet to see one that reduces women's entitlements, except in Muslim countries. I'm just wondering when that will happen in Thailand.

 

To the OP: If getting married has the objective of saving yourself 400K baht on deposit, IMO it is not a very good reason.

 

 

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3 hours ago, kingofallasians said:

There is a potential candidate but I am going through my old LINE list to see if any of the rich students I used to teach are interested.

nothing ewww or creepy about this. will your candidate as you put it have to meet certain requirements in order to be allowed such privilege ? 

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I would say to the OP that if he has enough money to be concerned about the need for a prenuptial agreement, he does not need to stay in Thailand based on marriage.  There are other legal ways for a secure man to live comfortably in Thailand.

 

Having said that, unless he has children with the wife of his choosing, he would be risking his ability to stay should a divorce be in the reckoning.  Even with children, he would be limited to 20 years, as once they are older than 20 they are no longer considered his dependents, with a few exceptions, e.g. the child is unmarried and still in school, or is sick and needing continued care/hospitalization, etc.

 

If he's extra capable and/or fortunate, he may be able to obtain Thai citizenship within about five years of having married--which could not afterward be revoked simply for having divorced.  But this is a difficult path, by all accounts, and requires learning Thai, having a sufficient income for three years, etc.  A citizen, though, would no longer need to worry about visas, 90-day reporting, re-entry permits, etc. etc.

 

I think it's a very unadvisable idea, regardless, to marry just to have a reason to stay in Thailand.  Marriage is a life-impacting decision, and not to be taken lightly.

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5 hours ago, blackcab said:

 

No. Thai law is very specific about who gets what after a divorce. Your wife would be entitled to half of most things you earn/receive/obtain after you are married, but nothing from what you owned before you were married.

 

Interesting. But does that mean you are to declare everything that you own at the time of marriage (so that it remains yours after the divorce)? That is a bit how prenups work.

 

Would the divorce court require you to divulge all your revenues and capital gains from the time of marriage, apart from what you have brought into Thailand?

 

It is difficult to know what the real risks are. I assume most men who got skinned are too ashamed to talk.

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Usufruct and pre-nuptial.  I built my home on land that I purchased and put in my wife's name.  I have use of the land for as long as I live.  She will get all that is here when I die. The prenup states that she must not do anything to disturb my peaceful life living in the home I built and paid for.  I am 74 and have no interest in ending then starting a new relationship.  If there is a problem then she must walk away.  I have the right to bulldoze my house and fill in the pool with the rubble leaving her with nothing.  Not that things are bad, it is just there in the background.  USUFRUCT is important.

house front_reduced.jpg

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On 9/4/2022 at 1:11 AM, blackcab said:

 

I understand your point of view. This particular law has remained unchanged since 1925.

Which does not mean it won't be changed in the future.

Apparently there never used to be an age of consent, till there was, and prostitution was apparently legal till it wasn't.

I used to get unlimited back to back 90 days visa exempt entries, till they stopped that. Nothing, IMO, is guaranteed.

Edited by thaibeachlovers
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On 9/3/2022 at 7:53 PM, Lacessit said:

To the OP: If getting married has the objective of saving yourself 400K baht on deposit, IMO it is not a very good reason.

Indeed, and simple arithmetic would should that the marriage would cost him a lot more than the [partial if any] loss of income on the extra 400k.

 

IMHO one shouldn't "tink to mut"; get a "Thai wife" extension if you are engaged in a genuine relationship, anything else that doesn't break the law otherwise. 

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