Pre-nup And Marriages

[j0hnga1t]

So if I bring a Thai gf to the US under a fiance visa and get married, I will eventually go back to Thailand to pay respects and a chunk of change to her parents and will go through another ceremony...

If I get married in the US, do I also have to get married in Thailand (i.e. file papers with the local registrar or whomever the local bureau is)?

I'll have her sign a pre-nup in the US. If I have to get married again in Thailand, do I need a separate pre-nup? OR is the US one enforceable in Thailand (eventually I'll move out there)

[submaniac]

If I get married in the US, do I also have to get married in Thailand (i.e. file papers with the local registrar or whomever the local bureau is)?

Do not have to get married in Thailand too. If you bring your U.S. paperwork and register it in Thailand.

I'll have her sign a pre-nup in the US. If I have to get married again in Thailand, do I need a separate pre-nup? OR is the US one enforceable in Thailand (eventually I'll move out there)

You need a prenup for each country/state that you will reside. I did one for a U.S. man and his Thai wife. Each state in the U.S. has different requirements for enforceable prenups, so if you change states you may have to change pre-nups (called "post nups" after marriage). For example, in California, you need to have a full financial disclosure form for both parties, it is "recommended" that each party have their own attorney (makes it harder to throw out the prenup), and each partner have had the prenup for 10 days to evaluate before signing. A Thai prenup may not be enforceable in California, both because it may not meet the state requirements for enforceable prenup, and because it is not in English. Similarly, a U.S. prenup may not work in thailand too. it depends on the laws of the jurisdiction you are trying to enforce in.

Edited March 7, 2008 by submaniac

[astral]

Legal marriage is marriage, no matter where is takes place.

You will probably need a certified translation of the US marriage certificate for you wife to change

her Id card and household papers in Thailand.

Pre-nup????????????

You do not trust your new Thai bride?

Shame on you.

[TheDon]

How long you been with this bird?

[intumult]

Pre-nups darn good idea if they really do work here.

In the UK if I marry again, whatever I own now is classed as mine even if I divorce. Whatever monies / property is acquired after the marriage is split 50/50.

Does the same apply in Thailand?

[BigSnake]

Both, hear me both, with three of more witnesses. I would even get the pre-nup Notary.

[intumult]

I recall being told in UK a few years back when protecting already owned assets no pre nup needed. And I was thinking of UK assets already owned. And I will not give those up for anyone

I would not mind losing assets Thailand if it came to the crunch, but believed 50/50 was the score here on official marriage too? Though TiT LOL

But appreciate the advice BigSnake

[ianh68]

I recall being told in UK a few years back when protecting already owned assets no pre nup needed. And I was thinking of UK assets already owned. And I will not give those up for anyone

I would not mind losing assets Thailand if it came to the crunch, but believed 50/50 was the score here on official marriage too? Though TiT LOL

But appreciate the advice BigSnake

Is rental income from UK property bought before marriage counted as 50/50 after marriage?

[think_too_mut]

When Paul McCartney divorced, The Economist featured an article that said, among other things, that prenuptial agreements are void in the UK. Zero value, not worth the paper they are written on.

Macca knows a lot about that (now).

[frankman]

If you need a pre-nup, don't marry her.

[jetjock]

If you need a pre-nup, don't marry her.

If you do not need a pre-nup it either means that you are so poor that you have nothing to lose or that she has more assets than you do or that you are very deficient in worldly judgement (aka naive). A pre-nup has nothing at all to do with love but can possibly have everything to do with your financial future.

[bkkjames]

If you need a pre-nup, don't marry her.

If you do not need a pre-nup it either means that you are so poor that you have nothing to lose or that she has more assets than you do or that you are very deficient in worldly judgement (aka naive). A pre-nup has nothing at all to do with love but can possibly have everything to do with your financial future.

I don't have a pre-nup, I went for the post-nup,,, meaning if she ever tries to divorce me, I will burn it all to the ground.

But seriously, if your relationship gets to that point here, I would be far more worried about losing something other than your money mate.

Did I actually see TheDon in this forum?

[chiangmaibruce]

It's my understanding that for a pre-nup to be binding (in Thailand) that it needs to be registered/submitted at the time you register your marriage at the Amphur. Then again your pre-marriage assets in Thailand are already protected from claim (and most farang wouldn't have any here anyway)

For your foreign assets then you would need a pre-nup prepared according to the law in that country. This should be prepared in both Thai and English language (to remove the possible claim that the Thai spouse did not fully understand the agreement they entered into). Some countries also require separate/independant legal representation and full disclosure of assets. Be aware that this last point might one day work against you.

[tmulloy]

You have sort of hit my situation directly. I am getting married to a thai girl on March 6th in Thailand. My assets are all over the world. We plan on living in Florida, USA where I own my house. I just paid it off, cuz I was told the same thing that Florida is a no claim to pre-marrage assets state in USA. I also own a condo in Thailand, and its paid of and in just my name. I had sold my house which was in a corporation, and bought a condo in my single name. We have talked about signing a prenup and she is willing to sign a prenup. I beleive she is not marrying me for money. But if what you are saying is true, Pre-marrage assets in Thailand are protected then I dont really need any prenup at all. My question to you is, do you know what that specific law is? Do you have to declare you prior assest when you register the marrage in Bangkok?

I spoke to a lawyer in Bangkok, they charge 9,000 baht for the prenup draft, and translation. Of course you have to get her a lawyer to make it valid and then you simply file it with the marrage certifice when you file. Id rather not even bother if im pretected due to a present existing law.

Thanks,

Tom

It's my understanding that for a pre-nup to be binding (in Thailand) that it needs to be registered/submitted at the time you register your marriage at the Amphur. Then again your pre-marriage assets in Thailand are already protected from claim (and most farang wouldn't have any here anyway)

For your foreign assets then you would need a pre-nup prepared according to the law in that country. This should be prepared in both Thai and English language (to remove the possible claim that the Thai spouse did not fully understand the agreement they entered into). Some countries also require separate/independant legal representation and full disclosure of assets. Be aware that this last point might one day work against you.

[haltes]

In the UK if I marry again, whatever I own now is classed as mine even if I divorce. Whatever monies / property is acquired after the marriage is split 50/50.

That is (partly) true, but problems can arise where say you own a house with a mortgage but have not paid it off and then your wife moves in with you and contributes to the mortgage or the house in some way. The wife can then claim part ownership of the house based on a constructive trust and could be entitled to a share of the house. If you own the property outright then this is not a problem but if you don't and you let her contribute even in an indirect way (by raising kids which enabled you to work full time, there could be a claim)