(Ex)Wife Have Right To 50/50 On My Income?

[stacker10]

Hi

If I understand correct when u are married everything you buy under this time is to shared 50/50 if a divorse.what you have before married is still yours? But I was wondering about my income I get every month from outisde Thailand from lets call it an investment or retierment money.I get it to my bankacount in Thailand every month.Can she make any claim on this money?I mean this money is paying for all our expences like electirc,food,all.and Its something I earned before I married?any ideas or advice?

[sbk]

Moving to marriage and divorce forum

[Soutpeel]

Do you have a prenupt ?.....if not you are going to have to prove that anyassets were yours before the marriage...if not your daring teerak is entitled to 50% of that as well.

If you have income coming into Thailand...yes your teerak is entitled to 50% of that as well if you are married in community of property and there is an alimony payment applicable

[terryq]

As I understand it, in case of divorce in Thailand there are no alimony payments only child support which is usually allocated by the court at around 5000 baht/month plus half education and medical costs.

Also all assets accumulated during the marriage, except inherited property and stuff, are split down the middle.

Of course whilst married its fully 50/50 , what's hers is hers and what's yours will disappear very quickly (only (half) joking).

[Mario2008]

She is not entitled to 50% of your income, but you are required to maintain eachother as a good husband and wife.

[Thongkorn]

Do you have a prenupt ?.....if not you are going to have to prove that any assets were yours before the marriage...if not your daring teerak is entitled to 50% of that as well.

If you have income coming into Thailand...yes your teerak is entitled to 50% of that as well if you are married in community of property and there is an alimony payment applicable

I don't know about Thailand but pre nups are not legal in the UK the Lady is entitled to 50%of every thing including your pension,

[stacker10]

ok thanks for all your replays

[glegolo]

Do you have a prenupt ?.....if not you are going to have to prove that any assets were yours before the marriage...if not your daring teerak is entitled to 50% of that as well.

If you have income coming into Thailand...yes your teerak is entitled to 50% of that as well if you are married in community of property and there is an alimony payment applicable

I don't know about Thailand but pre nups are not legal in the UK the Lady is entitled to 50%of every thing including your pension,

Is this really TRUE, sounds very strange and England is part of EU. I doubt this info 100%, no correct 1000%. So England do not accept prenups? Since when? And on top of that 50% of our pension. I say NO NO NO, NOT TRUE!!!!

[cosmont]

To answer this question, you should let us know if you divorced already or not ?

If not, does your wife is working and have regular income ? How much ?

Where did you live with her ? your home ? Did you use to give her allowance while married ?

At this step, if your have not divorce yet, who asked the divorce ? is she agree ? Did she sue you ?

You might not have to pay alimony but she can request money to accept to divorce.

Divorce in Thailand by mutual consent can be easy but a nigthmare with a woman interested by money....

[7by7]

Do you have a prenupt ?.....if not you are going to have to prove that any assets were yours before the marriage...if not your daring teerak is entitled to 50% of that as well.

If you have income coming into Thailand...yes your teerak is entitled to 50% of that as well if you are married in community of property and there is an alimony payment applicable

I don't know about Thailand but pre nups are not legal in the UK the Lady is entitled to 50%of every thing including your pension,

Is this really TRUE, sounds very strange and England is part of EU. I doubt this info 100%, no correct 1000%. So England do not accept prenups? Since when? And on top of that 50% of our pension. I say NO NO NO, NOT TRUE!!!!

Pre nups are not legally enforceable in the UK.

What the 'lady' may or may not be entitled to is not fixed.

Any division of assets and maintenance payments are decided by the court. There are many factors taken into consideration, and the court may take into account any pre nup, but is not obliged to.

Depending on the circumstances the wife, or husband, could get nothing at all; especially if there are no children.

See section 25 of the Matrimonial Causes Act 1973.

None of which is relevant to the OP as he lives in Thailand and is, presumably, divorcing there. It is Thai law, of which I know too little to comment, which will decide this, not UK law; even if the OP is British (which he may not be).

[bkk_mike]

From the person with the higher income's perspective...Get divorced in Thailand.

There's child support, but no alimony... There's also a higher likelihood of the father getting the kids.

Of course half of what you bought during the marriage becomes your wife's.

As for the UK, i've heard cases of wealthy foreigners reconciling with their wife after receiving the divorce papers in the UK, only to turn around and file for divorce in their own country, with less draconian settlements, once the originally filed divorce lapses.

[endure]

As for the UK, i've heard cases of wealthy foreigners reconciling with their wife after receiving the divorce papers in the UK, only to turn around and file for divorce in their own country, with less draconian settlements, once the originally filed divorce lapses.

How can a divorce lapse?

[Mario2008]

As for the UK, i've heard cases of wealthy foreigners reconciling with their wife after receiving the divorce papers in the UK, only to turn around and file for divorce in their own country, with less draconian settlements, once the originally filed divorce lapses.

How can a divorce lapse?

The papers asking for a divorce laps, as they were not send to court within the right time frame. That means the procedure starts all over again. In this case the other spouse apperently filed for a divorce in another country, to get a more favouravle settlement there, before the divorce papers were refiled.

[Mario2008]

Do you have a prenupt ?.....if not you are going to have to prove that any assets were yours before the marriage...if not your daring teerak is entitled to 50% of that as well.

If you have income coming into Thailand...yes your teerak is entitled to 50% of that as well if you are married in community of property and there is an alimony payment applicable

I don't know about Thailand but pre nups are not legal in the UK the Lady is entitled to 50%of every thing including your pension,

Is this really TRUE, sounds very strange and England is part of EU. I doubt this info 100%, no correct 1000%. So England do not accept prenups? Since when? And on top of that 50% of our pension. I say NO NO NO, NOT TRUE!!!!

I doubt that England doesn't allow pre-nups.

50% of your pension in a settlement is very common within the EU-countries, it might be something dictated by the European convention on Human Rights or other treaty.

Question here is if the UK law will be applicable, or only Thai law if you only lived together in Thailand.

Edit: See this article about pre-nups in the UK. Historically they were not allowed, but since 2010 the High Court seems to allow it, but there is no law about pre-nups in the UK.

http://www.internationalprenuptials.com/prenups-in-england.html

[7by7]

The article linked to by Mario appears to confirm what I said above; any division of assets and maintenance payments are decided by the court. There are many factors taken into consideration, and the court may take into account any pre nup, but is not obliged to.

The division, if any, of pension rights, both private and state, is also decided by the court. There is no automatic 50/50 split. See Part II of the Matrimonial Causes Act 1973.