Prenuptial Agreement In Thailand

[TheGoose]

I am a UK resident who is getting married to my Thai girlfriend in Thailand soon after our first child is born. Early next year I plan to bring my wife & daughter over to the UK to live with me. I hadn't given a prenup much consideration until some friends who have went through the pain of divorce suggested it might be something I should look into. Obviously I don't foresee any problems for us but you just never know so I thought it prudent to at least look into it.

I have done a bit research on the internet & searched through this forum but I do still have some questions I hope some of you may be able to help me with. I know under Thai law they have "Sin Suan Tua" which says that assets & property gained before marriage remain the property of the owner. My girlfriend doesn't have a lot & neither do her family. I have a mortgaged property in the UK (50% mortgage), stocks/shares, a non-contributory final salary pension & some inheritance coming from my parents when they pass away.

1/ Starting with my property would my future wife only be entitled to 50% of the increase in value of my property from the date of our marriage ? (My property is currently worht slightly less than I paid for it due to the current housing slump).

2/ What potential entitlement is there to my pension pot ? (I am currently 44 so nowhere near my pension age yet).

3/ Would she have any claim on my stocks/shares or would again this only be 50% of any gain I make after our date of marriage or 50% of the value of any new stocks/shares I buy after we get married ?

4/ My inheritance from my parents is a 50/50 split of the family home with my brother. Would she have any claim on this ?

5/ I have read that Thai prenuptial agreements are not recognized by law in the United Kingdom but that they will given some "weight" by the courts. I assume this only really ha simplications if we were to divorce in the UK ?

6/ Given all that I've said do you think it would be a good idea to have a prenup & if so is an online company or reputable company in Thailand the best option ?

Thanks for listening, any advice is greatly received.

[Mario2008]

You plan on living togehter in the UK, so your prenuptial agrement should both comply with Thai and UK law.

Typical is that a persons is entitle to the gains (and losses) of the value of the property. In a prenuptial you can make other arrangements.

The UK doesn't know a prenuptial, but recently it seems it was supported by the high court. So that part is still developing and having some kind of agreement is better then nothing. See your own point 5.

The proceeds of an inheritence depend on the criteria under which the inheritance was given. A last will should stat that it is for you personally and not falls into the marriage.

In your case a company familiar with both Thai and UK law might be better.