Simple Marriage , Means Simple Divorce Too?

[jacaranda]

marriage seems simple here in thailand, now what if it does not work , is it as simple as 123 as marriage was??

[CharlieH]

Yep , if its mutual just go to amphur sign and your divorced.

If either side doesnt or wont, different story.

[MichaelSong]

The technical procedure is as simple as 123, can get divorced in 1 hour. The real problem is , you have to fill in an agreement form, meaning your wife will not agree unless she gets everything, you nothing. But if you are thinking about divorce before you even get married, you are clever , so dont do it.

[padped]

or get a pre nup

[DonaldBattles]

If you don't get a prenup agreement and a 30 year transferable lease on any property you pay for you are asking for big trouble. This way you probably will only loose the money you have in a joint bank account or what you dole out for the family.

[Maestro]

Does Thai law cover the concept of "prenup", ie prenuptial agreement? My understanding is that the amphoe official asks the bride and groom about the amount of assets they have as of that date and this gets recorded in the marriage ledger. Nothing else. My marriage was a long time ago, though. Has there been any change?

[padped]

I got married nearly 6 years ago and before I did my husband and I had a pre- nup drawn up by very reputable lawyers in Bangkok. All our assets were listed from both parties on this pre nup . At the Amphur a copy of the pre-nup was also lodged when we were married and once again our assets were listed separately. By Thai law all assets that are gained during the marriage are split 50 / 50 so I am not sure how you would go about regaining a whole share of something..I guess if it was by mutual agreement..maybe someone else can offer some insight into this ???

[IMA_FARANG]

Yep , if its mutual just go to amphur sign and your divorced.

If either side doesnt or wont, different story.

-----------------

Yes it can be.

Both parties sign a form agreeing to not contest a divoece and saying they agree to an uncontested divion of property.

Bang, you're divorced.

Big problems start when there is no agreement of divison of property or joint assets.

But IF both parties agree and sign agreement, that's all that is required.

[nevets]

We got married in 1998 in the UK , living in Thailand from 2002 the marriage was never registered in Thailand but is recognised by the immigration.

[lopburi3]

recognised by the immigration

In what way? Only if recorded in a District Office in Thailand is it normally accepted as proof of marriage for extensions of stay. For Consulate issue of visas that would not be required; but that is an MFA function rather than immigration.

[ubonjoe]

If you are getting extension based upon marriage to a Thai you may have a problem the next time you go to immigration for your extension. They will probably want an up to date Kor Ror 22 from the Amphoe which you cannot get unless your marriage is registered..

[brossey1988]

So from what I can see in this thread so far, a prenup in Thailand is only useful for protecting your assets which you had before you entered marriage?

What would happen if I got married, had a prenup, and then I received a huge windfall of inheritance? Would my wife get 50%?

[ubonjoe]

Possibly yes. But since it would most likely be from outside the country it would be very hard for her to get.

[brossey1988]

Edit: found my answer, thanks

[ThaidDown]

So from what I can see in this thread so far, a prenup in Thailand is only useful for protecting your assets which you had before you entered marriage?

What would happen if I got married, had a prenup, and then I received a huge windfall of inheritance? Would my wife get 50%?

No she would not. Under the Civil Code sect 1471 this would be personal property (Sin Suan Tua) as would any property accquired by either party through a will or gift.

[DonaldBattles]

A joint bank account is the kiss of death and potentially good by. Don't do it.

[marstons]

if you both agree to settlement in ampour office simple as 123, mine was 0 baht settlement agreed by both parties and the do ask you both during the divorce, are happy with the agreement.

[Mario2008]

So from what I can see in this thread so far, a prenup in Thailand is only useful for protecting your assets which you had before you entered marriage?

What would happen if I got married, had a prenup, and then I received a huge windfall of inheritance? Would my wife get 50%?

No. What you had before your marriage already remains yours. The prenup is to protect assets that you might acquire during the marriage, and that includes debts.

[Mario2008]

We got married in 1998 in the UK , living in Thailand from 2002 the marriage was never registered in Thailand but is recognised by the immigration.

It is recognised, but for extensions of stay based on marriage immigraiton has been starting to require that a marriage bewteen a Thai and Foreign national is also recorded in Thailand.