Are My Assets In Oz Safe In A Divorce?

[deadman]

hi there

If an australian living in LOS married a thai girl and she has no Australian residency status, and they divorce, would his assets in australia be safe from any claim she may have on them?

My guess is that she would face significant costs in engaging an Aust lawyer to make a property settlement claim, would have no access to legal aid, would need to make several trips to Aust and would have many barriers in accessing information that a resident or citizen would take for granted.

Would appreciate it if anyone could comment on this or expand my understanding

regards

DM

[Mario2008]

If married in Thailand without a prenup, she would be entitled to half of all that was acquired DURING the marriage. The location doesn't matter, although there could be problems enforcing the court order in another country, but there are treaties covering that.

[true blue]

another question on that topic mario,if one sold there property abroad,which was owned before marrige to thai lady, though sold in marrige, does lady have any call on proceeds if divorce is being contemplated

[canman]

It depends on which state as well, from recent cases I know of WA seems to be the worst.

[krisb]

If your assets were yours before you got married, then they stay yours.

Theres no 50/50 thing anymore.

I know, my brother just divorced and they were both Australian. Her lawyer said she would only get half of what they both acquired. Even then the business he started, she didnt get anything from that and she worked for him. All she got was sacked from that job.

So yes your assets stay yours. Unless she bought them with you.

[true blue]

If your assets were yours before you got married, then they stay yours.

Theres no 50/50 thing anymore.

I know, my brother just divorced and they were both Australian. Her lawyer said she would only get half of what they both acquired. Even then the business he started, she didnt get anything from that and she worked for him. All she got was sacked from that job.

So yes your assets stay yours. Unless she bought them with you.

cheers mate,good post.

[TCA]

If your assets were yours before you got married, then they stay yours.

There's no 50/50 thing anymore.

So yes your assets stay yours. Unless she bought them with you.

Is this the same situation in the UK? Say you bought a house in UK "together" but with pre-marriage savings? I'm asking about those couples living in the UK, married in Thailand.

Edited March 16, 2013 by TCA

[krisb]

Now Deadman I just saw you and your wife's lovely wedding pics and now your asking if she can take half!

For Christ sake, relax and enjoy married life for a while 1st mate.