Prenuptial Needed?

[universe2000]

I have property and assets in the US. My Thai fiancee has property and assets in Thailand. She has more assets than I do. Is there any reason I should get a prenuptial agreement?

I will register the marriage in Thailand. Next year, I will register it in California. California is a community property state, which means anything acquired after marriage is community property. Any asset obtained before marriage is seperate.

I don't see a benefit a prenuptial agreement can provide in this situation.

Thanks for any comments.

[jimmybkk]

It's the same deal here - whatever you or your fiance bring to the marriage is yours/hers to keep if you split. Anything you buy after the wedding is shared. The question is, are you planning on going on a spending spree with your cash after you're married? It may be prudent to make any big money purchases before you tie the knot.

[torrenova]

In instances like this, what happens if you sell a house you owned before you were married and by another with the same money afterwards ? Surely they cannot then claim half of that property ?

[universe2000]

The only major purchase I will make after the marriage is to purchase a house or condo in the future. The purchase will be done 50/50. If it is a house, than I can own the house and she can own the land.

California does have a law where any increase in asset value during a marriage is part of the community property. So if my investments increase (through stock, proptery or interest gains) than it becomes part of the community property. I am not sure what the law in Thailand is. Again, she has more assets so her increase will offset any of my investment increases.

Concerning the question about selling property in Thailand obtained before marriage and rebuying another property while married, I thought the law in Thailand was as long as assets before marriage are held seperately, than that money can be used for any investment and does not become part of community property.

[kingwillly]

sounds fine to me.

too many panic merchants on the web.... dont listen to them.

[andyc2006]

In instances like this, what happens if you sell a house you owned before you were married and by another with the same money afterwards ? Surely they cannot then claim half of that property ?

You just need to avoid "commingling" the SP (separate property) with CP (community property). In some cases, even if you do commingle the property, you can still recover some of the SP during the dissolution, but it's best to avoid going through that process and just keeping the SP separate. Google "commingle separate community property" and you'll likely learn more than you'll ever need to know.

Not so sure about the post after yours, regarding gains on SP during the marriage in California. I went through a dissolution in CA where there were considerable gains on both of our SP during the marriage, and neither of our overpriced lawyers went after it.

[sholaisen]

The funny thing about prenuptials in Thailand is that a judge can find that it isn't fair and void it if your divorce goes to court. Basically the wife can claim 50% (yes, what was aquired after getting married) of "everything".

I would go as far as saying the only way to divorce in Thailand without getting robbed is to have a peacefull divorce where you both agree on the dividing of wealth... I have tried it :-)

[pluto_manibo]

^^^^sound advice. The other thing you might want to take into consideration is that you have no claim to her properties in Thailand (in regards to land purchases) communal or separate.

[Smithson]

It's not my business, but do you have reasons for registering the marriage in both countries? Visa situation once legally married is much better, so this is a good reason.

Lots (maybe even most) Thais do not register their marriage for fear of losing assets if there was a divorce.