Marrige Entitlements

[true blue]

can thai wife have a claim on husbands property in uk if marrige break up or is it true wife has no claim on chattles before marrige

[Khutan]

Does she have the ability to go to the UK to file a claim?

[markr]

I would imagine, as a registered Thai marriage is recognised under uk law then the same rules will apply regarding divorce, so yes she can!

Mark

[mrbojangles]

I think it depends on the country in which the divorce happens.

So for instance:-

Marry and divorce in Thailand. Your wealth prior to marriage SHOULD be OK.

Marry in Thailand, Divorce in UK. Your stuffed

[ozzydom]

If a legal Thai wedding is recognized overseas, what are the legalities of a Thai divorce?

A Thai divorce can be had in a day but in most Western countries it is much more drawn out, so ,is a quickie Thai divorce also recognised overseas?

[Thaddeus]

so ,is a quickie Thai divorce also recognised overseas?

Yes it is, it is recognised as being 'by procedure' and is a legal divorce.

[Thaddeus]

Marry and divorce in Thailand. Your wealth prior to marriage SHOULD be OK.

Marry in Thailand, Divorce in UK. Your stuffed

Not quite and it's a common misconception that if you are a British national who gets married and then divorces, the wife automatically gets 50% of everything. This is wrong.

The courts look at quite a few different factors, the two most important being the duration of the marriage and each individuals financial contribution to it.

For example. I was married in the UK (English girl) for just over twelve months. The mortgage was solely in my name and only I contributed to it, I paid all the monthly bills for heat/light/power/food etc and my now ex-wife bought her own drinks in the pub, clothes and make-up.

She took legal advice when I suggested that we should seek a divorce and she was advised not to go to court as it would cost her money and she would only get what she deserved, which was diddly squat.

There is way too little information in the OP to even begin to guess what any entitlement would be.

[Farma]

In a Thai court divorce foreign assets gained during marriage are taken into account. The wife can submit proof of foreign assets. The husband can also submit proof of these assets being split etc if the foreign documents have been translated, notarized and apostatized (sp).

[Chang_paarp]

can thai wife have a claim on husbands property in uk if marrige break up or is it true wife has no claim on chattles before marrige

From my understanding, in a Thai divorce court, assets gained prior to the marriage are not included in the split but assets gained during the marriage are split. This being Thailand, you milage may well vary subject to quality of the legal counsel retained by both parties.

In the UK or most western countries things might be different and depend on your ability to get in front of the correct judge.

[mellow1]

I don't think the wife is entitled to property aquirred before the marriage.That was the case for me upon my divorce.

My ex only got part of the equity of a house I bought after our marriage because her income proved that she could not have contributed financially towards it.The divorce procedure lasted a year and lawyer cost was about $5000,about 20 yrs.ago.

If I were the husband in this case, I would file for divorce in my home country, if the wife was not reasonable in a proposed settlement.Unless she's got a lot of cash, she'd be broke in no time, on postponements, and living expenses alone.It would be no contest.

[GuestHouse]

Thaddeus is correct in what he says, in particular that the courts decide on a number of factors.

But we should all be aware that British courts can and do rule on divorce in overseas marriages.

I recently put a Thai woman in touch with an organization that is providing her with assistance in gaining her and her child's rights in divorce from her UK husband.

In doing so I learned that the UK government is being lobbied by women's groups to provide more information and assistance to foreign women married to British citizens on their rights within marriage and divorce under UK law.

I think that would be a good thing. Far more effective than the proposals being made in the US regarding the legislation of US Citizens in overseas marriages.

[mrbojangles]

In doing so I learned that the UK government is being lobbied by women's groups to provide more information and assistance to foreign women married to British citizens on their rights within marriage and divorce under UK law.

I think that would be a good thing. Far more effective than the proposals being made in the US regarding the legislation of US Citizens in overseas marriages.

I don't. Once again the UK gov't are more concerned about the rights of foreigner's than that of their own citizens.

We have little, if any, rights when we are in Thailand. So why are the Gov't poking their nose in again. Why should the divorce HAVE to be under UK law, why not Thai law? They should start to concentrate on matters closer to home.

Just my opinion but we all have experiences of different people getting the blunt end of the deal. And i remember the lady your talking about GH. But these are all individual cases and should be treated as such.

[jEFFREYk44]

Unless you registered the marriage with the Embassy you will only need to worry about a Thai divorce case (well, I am American, and we gotta register it for it to be on the books in USA)

[GuestHouse]

Jeffreyk44, you perhaps need to read up on what happened to Borris Bekker in his attempts to keep his divorce out of the US Courts.

MrBojangles, there is no conspiracy to give foreigners more rights; there are laws which govern the jurisdiction of British Courts, failure to take note of (or alternatively being aware of your rights under those laws) can work in or against your best interests.

My belief that it would be a good idea to make foreigners married to Britons aware of their rights in marriage/divorce and provide easier access to those rights is based on the pleasent idea of making it harder for people who go overseas in search of wives/husbands and then act to deny the legal rights that a spouse is entitled under the marriage contract.

I accept the kind of pond weed that washes up in Thailand with the intention of marrying a Thai and then keeping them ignorant of their righs is not going to like the idea of their pathetic power being removed from them - but who cares about pond weed?

Edited July 24, 2007 by GuestHouse

[mellow1]

In a US court my wife would get considerably less than in a Thai court.In Thailand I believe she would get half of everything,even though she hasn't contributed to anything financially.Not so in the US.Also child custody would not be given to a women without any visible means of support,living in a 3rd World country under a military dictatorship even if they say they are a Democracy.Furthermore,unless the marriage was for a reasonable number of years the woman would be seen as doing a scam.I agree a reasonable settlement should be alloted to the divorced spouse,but half of everything is a scam.Man AND women should be responsible for themselves and their financial well being without expecting money from others.Why should a man have to pay for someone who isn't happy in the relationship,they are both individuals and should have the same rights and responsibilities.Women want equal rights,I agree.The equal rights should be across the board not only when it suits them.

Should any of the TV members who have married into the rich,high,and elite class,ever get a divorce.Please start a thread and let us know how much property and money you get out of your X here in Thailand.