Undue Influence

[Lannatyne]

I have a friend who just will not be told not to go through with his marriage in a couple of weeks. His lady is very naive, but a real bad 'un, and he knows it, but he's still going ahead. In fact, I'm convinced he's already planning for a divorce!

With regard to his / their land and house, he's taking all the right advice and action to protect himself. Exactly what, I'm not sure, but he's got stacks of papers etc signed by them both at his lawyers. According to him, she's signing everything he wants her to, and he's happy.

What I'm wondering is, are there any "Undue Influence" laws here? Could she turn around and say she was pressurised into signing all these things, and get them voided? Certainly, this would be the case in his home country.

I've actually already told him that there is something like this, to try and give him something else to think about before his "big" day.So, thought I'd ask TV to find out for sure.

Thanks, guys.

[gotlost]

I have a friend who just will not be told not to go through with his marriage in a couple of weeks. His lady is very naive, but a real bad 'un, and he knows it, but he's still going ahead. In fact, I'm convinced he's already planning for a divorce!

With regard to his / their land and house, he's taking all the right advice and action to protect himself. Exactly what, I'm not sure, but he's got stacks of papers etc signed by them both at his lawyers. According to him, she's signing everything he wants her to, and he's happy.

What I'm wondering is, are there any "Undue Influence" laws here? Could she turn around and say she was pressurised into signing all these things, and get them voided? Certainly, this would be the case in his home country.

I've actually already told him that there is something like this, to try and give him something else to think about before his "big" day.So, thought I'd ask TV to find out for sure.

Thanks, guys.

Understand your concern you have for your friend but the best advise is for YOU, STAY OUT OF IT!!!!!

[joskydive]

Well, you've given the advise and now it's up to him whether he wishes to follow it. There is nothing more you can do. Just hope there isn't a nice high balcony on this house or a damaged brake pipe on the car. Accidents do happen and it doesn't matter how many pieces of paper he has then!!

Edited October 26, 2009 by joskydive

[Trickcyclist]

He will never know what real happiness is until he marries her. Then it will be too late!!

I have a friend who just will not be told not to go through with his marriage in a couple of weeks. His lady is very naive, but a real bad 'un, and he knows it, but he's still going ahead. In fact, I'm convinced he's already planning for a divorce!

With regard to his / their land and house, he's taking all the right advice and action to protect himself. Exactly what, I'm not sure, but he's got stacks of papers etc signed by them both at his lawyers. According to him, she's signing everything he wants her to, and he's happy.

What I'm wondering is, are there any "Undue Influence" laws here? Could she turn around and say she was pressurised into signing all these things, and get them voided? Certainly, this would be the case in his home country.

I've actually already told him that there is something like this, to try and give him something else to think about before his "big" day.So, thought I'd ask TV to find out for sure.

Thanks, guys.

[InterestedObserver]

Without knowing just what is being signed, land lease or usufruct etc. to secure the property, it's difficult to render an opinion. At a minimum he should have a prenuptial agreement registered simultaneously with the marriage.

Yes, she can claim that she did not understand the documents being signed and take him to court to void them. Does she also have a lawyer or is she just blindly signing whatever is put in front of her?

[hhgz]

"I have a friend who just will not be told not to go through with his marriage in a couple of weeks. His lady is very naive, but a real bad 'un, and he knows it, but he's still going ahead. In fact, I'm convinced he's already planning for a divorce!"

Obviously you haven't read many posts on TV. Many farangs have asked the question: "how do I register my property in my kids' names?" Why would they do that: "to keep the property out of the b!tch's hands!"

These smart fellas have just gotten into a relationship, and have already planned the weddings, birth of children, and acrimonious divorces....and they wonder why the marriages didn't work!

"What I'm wondering is, are there any "Undue Influence" laws here? Could she turn around and say she was pressurised into signing all these things, and get them voided?"

You claim that the lady is naive, and then you claim that she can outthink your friend. Your friend doesn't sound too bright.

Edited October 29, 2009 by hhgz

[Lannatyne]

"I have a friend who just will not be told not to go through with his marriage in a couple of weeks. His lady is very naive, but a real bad 'un, and he knows it, but he's still going ahead. In fact, I'm convinced he's already planning for a divorce!"

Obviously you haven't read many posts on TV. Many farangs have asked the question: "how do I register my property in my kids' names?" Why would they do that: "to keep the property out of the b!tch's hands!"

These smart fellas have just gotten into a relationship, and have already planned the weddings, birth of children, and acrimonious divorces....and they wonder why the marriages didn't work!

"What I'm wondering is, are there any "Undue Influence" laws here? Could she turn around and say she was pressurised into signing all these things, and get them voided?"

You claim that the lady is naive, and then you claim that she can outthink your friend. Your friend doesn't sound too bright.

Oh, he's certainly bright - just lovestruck and blinkered. We all know what part of the body the male brain shifts to at these times.He's doing all the legals correctly, I think. Couple of points from thise who've replied:

1) With all the anti-foreigner laws here regarding property, do pre-nups actually hold up? Don't see how a pre-nup would override Thai laws.

2) Most people know that it is no use at all putting the property in the kids names. It then belongs to the kids, neither parent. The Child court would only allow a sale if it were in the kids interests, not because ma and pa wanted "their" money back.

3) I'm not claiming that she can out think him.....certainly not at the moment or she wouldn't be signing things. If, or when, the relationship goes wrong, she'll be getting all the advice availabke from family, friends etc, and some of that is bound to be about seeing lawyers and maybe raise this form-signing she's done without being made fully aware of the implications.

[loong]

I believe that a lot of Thai Law is borrowed from the British system, so almost certainly there are undue influence laws.

It depends what she is signing away any rights to.

The only way to be sure to protect himself from the possibilities of presumption of undue influence is that she is advised independently by a lawyer with no conflict of interest.

[lioness]

Obviously the man is of Adult age. You have had your say, best to bow out of it now and let him get on with it.

[stgrhe]

I believe that a lot of Thai Law is borrowed from the British system, so almost certainly there are undue influence laws.

Actually, the Thai law is a code law and not a case law like the English law. Initially when the law was first created here the This tried to copy the English law but the law was later change in favour of a code law like e.g. 'Code Napoleon', which most of the European countries have based their laws on.

[tgw]

ah, I see you don't want to use the F word... I'll do it:

The Code Napoléon is french, enacted by Napoléon in France.

The set of laws is actually well known for being very well thought.