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Marriage - Assets After Death/ Divorce?


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I am a British National currently living in Thailand and considering marrying a Thai national, but need to know about the laws before I do this.

I understand that the marriage would be recognised under UK law. My question is, in the event of divorce, or death of myself or spouse, what would be the law regarding division of assets?

- What would happen to our assets in Thailand?

- I have my own assets in the UK (I joint own a house and have some savings), what would happen to these?

As the marriage is recognised under UK law, would UK law automatically apply to my assets in the UK, and therefore be passed on to next of kin (ie: my spouse?). Would my spouse have to go to the UK to make a claim for it?

I would like to understand what exactly UK laws stipulate regarding assets in event of mine or his death or divorce ? Many thanks in advance.

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In order to dispose of your assets as you wish in Thailand you must write a will designating an executor and an heir. If you or your wife dies without a will then Thai law will distribute the assets to the statutory heirs: spouse, children and parents (if still alive). Please note that if your wife owns property you will have one year to dispose of it as foreigners cannot own land.

A handwritten will that is witnessed by two people is valid under Thai law but it must be translated into Thai as well. Alternatively, you and your wife can file a will at your local Amphur.

For the law in the UK it is best to contact a UK solicitor who will be aware of all legal requirements but at a minimum you should write a will in the UK and lodge it with a solicitor there.

[sunbelt][/sunbelt]

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