When you thai'ed-the-knot did you bother paying for a pre-nup?

[advancebooking]

I'm trying to find out if its worth doing a pre-nup prior to thai-ing the knot. As far as I can understand, thai common law enforces 50 - 50 split of thai assets on divorce- assuming they were acquired during the marriage. If this is the case what is the point of a pre-nup? If I only have a moped / car is there any point?

I presume if one has assets back in the nanny state (where I was born) then these could be listed in a pre-nup and thus providing protection. If we are only getting married in LOS and not in the mother country then is there any risk anyways?

From the research that I've done, a child custody clause is unenforceable in a pre nup. Obviously pre-nups are only for financial protection.

Also, pursuant to thai law, in order for a pre nup agreement to be valid, the agreement in thai language must be registered with the govt registration official when the couple registers their marriage. There are certain procedures and requirements with which the partners must comply, and certain doc's which are required to be submitted to the official at the District office when the marriage is being registered.

If you can provide any opinions on this matter please acknowledge receipt of contents herein.

[JLCrab]

You don't say which country is your nanny state.

[pigeonjake]

no

[Neeranam]

no

but if I'd had any assets at the time I definitely would have.

Makes divorce so much easier in your favour.

[marko kok prong]

I just don't like the idea of them okay if you are a millionare,but to me it's kind of like saying well here we are getting married but one day we will get divorced,not the right frame of mind to head into married life with,just my opnion of course.

[JLCrab]

In the USA you can create a Trust legal entity and transfer your assets to the Trust. You no longer own these assets and a Trust administrator can make regular disbursements to you as the beneficiary of the Trust. As you are no longer the owner of these assets, a pre-nup becomes moot.

[bluweyze]

Yes I did and the cost is insignificant. Basically what you brought into the marriage you can take out. What you accumulated during the marriage is 50:50. Personally I believe a pre-nup can lower the risk of a divorce especially where family get their teeth into the relationship but each to his/her own. The Thai pre-nup is very simple but must be registered at the same time as the marriage.

[Neeranam]

Yes I did and the cost is insignificant. Basically what you brought into the marriage you can take out. What you accumulated during the marriage is 50:50. Personally I believe a pre-nup can lower the risk of a divorce especially where family get their teeth into the relationship but each to his/her own. The Thai pre-nup is very simple but must be registered at the same time as the marriage.

My friend got divorced recently and got half his house/10 rai of land. He also got court fees reimbursed. He said that it would never have happened without the pre nup. Actually, he is the first that I have ever known to get the full 50% on divorce. Sadly, he died just after the verdict. Be very careful with Thai women, especially Isarnese ones.

[robblok]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

[Neeranam]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

I had a friend whose wife divorced him through the courts in America and she got half his assets. Thai women are very smart. Do you really think they fall in love with old Hank from Houston or old Helmut from Hamburg?

[bluweyze]

Yes I did and the cost is insignificant. Basically what you brought into the marriage you can take out. What you accumulated during the marriage is 50:50. Personally I believe a pre-nup can lower the risk of a divorce especially where family get their teeth into the relationship but each to his/her own. The Thai pre-nup is very simple but must be registered at the same time as the marriage.

My friend got divorced recently and got half his house/10 rai of land. He also got court fees reimbursed. He said that it would never have happened without the pre nup. Actually, he is the first that I have ever known to get the full 50% on divorce. Sadly, he died just after the verdict. Be very careful with Thai women, especially Isarnese ones.

Be very careful with ALL women!

[robblok]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

I had a friend whose wife divorced him through the courts in America and she got half his assets. Thai women are very smart. Do you really think they fall in love with old Hank from Houston or old Helmut from Hamburg?

What has this to do with my post ?

I agree with you but it makes no sense as an answer on my post.

[CharlieH]

No

[Neeranam]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

I had a friend whose wife divorced him through the courts in America and she got half his assets. Thai women are very smart. Do you really think they fall in love with old Hank from Houston or old Helmut from Hamburg?

What has this to do with my post ?

I agree with you but it makes no sense as an answer on my post.

I had a friend whose wife divorced him through the courts in America and she got half his assets

By this I mean she got half his assets in America that he acquired before they got married.

[pigeonjake]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

I had a friend whose wife divorced him through the courts in America and she got half his assets. Thai women are very smart. Do you really think they fall in love with old Hank from Houston or old Helmut from Hamburg?

what about jake from???????????????? s$$t cant think of anywere,,,lol

[hellohello123]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

I had a friend whose wife divorced him through the courts in America and she got half his assets. Thai women are very smart. Do you really think they fall in love with old Hank from Houston or old Helmut from Hamburg?

Especially if they are 20 years older, ugly, a loser, fat, ugly, an alcohokicad well!!!!!!

[beachproperty]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

I had a friend whose wife divorced him through the courts in America and she got half his assets. Thai women are very smart. Do you really think they fall in love with old Hank from Houston or old Helmut from Hamburg?

What has this to do with my post ?

I agree with you but it makes no sense as an answer on my post.

I had a friend whose wife divorced him through the courts in America and she got half his assets

By this I mean she got half his assets in America that he acquired before they got married.

Then your friend in America must not have been from Calif.

Although California is a community property state ALL assets acquired before marriage or inherited solely remain your separate property unless commingled.

Must have put her name on the property (wrong thing to do!) for her to get half.

[AnotherOneAmerican]

By this I mean she got half his assets in America that he acquired before they got married.

Then your friend in America must not have been from Calif.

Although California is a community property state ALL assets acquired before marriage or inherited solely remain your separate property unless commingled.

Must have put her name on the property (wrong thing to do!) for her to get half.

If she only got half, her lawyer was probably incompetent.

I would have gone for at least 75%.

[transam]

No.......................

[advancebooking]

Thanks for the comments. I think its prudent to do one as the cost is minimal

[i claudius]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

I had a friend whose wife divorced him through the courts in America and she got half his assets. Thai women are very smart. Do you really think they fall in love with old Hank from Houston or old Helmut from Hamburg?

Well she fell in love with old Claudius from coventry and 21 years later still seems to love and care for him

[uhhh ohhh]

I don't think it was mentioned but maybe I missed it. If you do a pre-nup make sure she is represented by a "SEPARATE" attorney and that the pre-nup is in Thai AND English or your native language. Make sure HER attorney signs it and yes, it is registered with the Thai government. THIS IS IMPORTANT! If you don't do this she can get to the court and say she didn't know anything about it. Cost for an attorney for her would be about 1,000 baht.

If you're worried about cost, do your own pre-nup. There are plenty of examples on the Internet.....just cut paste and fill in the blanks. But you should also be represented by an attorney. Again, get everything in both languages and make sure that not only she signs but that the attorneys sign. It's nice to think that nothing will ever happen to your marriage but that's Lah Lah Land Thinking!

Finally, as one poster mentioned his friend was cleaned out with his Thai wife by an American court. She obviously had access to America. Most Thai women don't! It's my understanding that even if you were to purchase houses, property, etc. in your homeland that a Thai court has no jurisdiction over the assets in your home country. Obviously, if your divorced in your home country then it may be up for grabs. Even with limited assets it's nice to have some ground rules in play!

With horror stories posted on these boards every day why roll the dice? Houses, cars, and monies lost....not to mention time!

Good luck!

[Valjean]

Easy to do, you file it with your marriage registration so it's a legal doc that that's there when you file for your divorce. I've been through this end to end and it works OK. I didn't look into the US and have no idea if I'd had risk there or not, that turned out to not be an issue.

One note I'd make is the axiom "Possession is 9/10ths of the law". It's very good to protect assets you control. If there are joint assets your wife controls; say a house in her name with a joint interest and proceeds shared at divorce; you do need do to get the money from her in the event she doesn't voluntarily do her part. It's legally enforceable, but as is often the case you have to balance the cost, headache and time to fight versus the return.

It's never a fun subject in the middle of getting ready to get married. But it's smart to protect yourself.

[geronimo]

No. She should have as she had more assets than I did when we married!

[geronimo]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

I had a friend whose wife divorced him through the courts in America and she got half his assets. Thai women are very smart. Do you really think they fall in love with old Hank from Houston or old Helmut from Hamburg?

what about jake from???????????????? s$$t cant think of anywere,,,lol

Japan

[Jasun]

No. That discussion would have fast-tracked the need for one.

[uhhh ohhh]

What i heard is that assets you had before marriage stay yours and only what is acquired during the marriage is 50 / 50. Maybe someone more knowledgeable about this as me can correct me if im wrong.

I had a friend whose wife divorced him through the courts in America and she got half his assets. Thai women are very smart. Do you really think they fall in love with old Hank from Houston or old Helmut from Hamburg?

what about jake from???????????????? s$$t cant think of anywere,,,lol

Japan

You're wrong. Jake is from Jerusalem.....it was Jerry that was from Japan!

[TallGuyJohninBKK]

Finally, as one poster mentioned his friend was cleaned out with his Thai wife by an American court. She obviously had access to America. Most Thai women don't! It's my understanding that even if you were to purchase houses, property, etc. in your homeland that a Thai court has no jurisdiction over the assets in your home country. Obviously, if your divorced in your home country then it may be up for grabs. Even with limited assets it's nice to have some ground rules in play!

I've looked at this issue some... As best as I can understand it:

1. Thai family courts generally won't deal with specific assets outside Thailand. And even if they did, the average Thai living in Thailand would have a difficult, complicated road to getting a Thai family court order enforced against property in the U.S.

2. Thai family law includes a very clear notion that separate property held by the spouses prior to their marriage remains their separate property during marriage and in the event of a divorce -- unless separate property is co-mingled into marital property/assets during the period of the marriage. Lots of U.S. states have similar notions in their family law.

3. Divorce is a state law issue in the U.S. In order for a couple to seek a divorce there, at least ONE of the spouses has to be considered a legal resident of the state where the filing would be made. And usually that seems to mean having resided in the jurisdiction for some months prior to being eligible. So a Thai citizen can't just hop on a plane and make a quickie tourist visa trip to the U.S. to file for divorce.

I'd be curious to hear how the individual mentioned above came to a divorce end result where the wife was able to obtain half of his pre-marriage assets.

[uhhh ohhh]

TallGuy....

You make good points....especially regarding the different "State" laws in the U.S. In regards to the other post where it was mentioned the Thai wife got 1/2 the assets through the American courts there could be a number of scenarios. Maybe a long marriage involving children....or just a long marriage? Maybe she became a citizen or obtained a Green Card? Maybe they were married in that state and he obviously didn't have a pre-nup? Maybe they opened a business together? Maybe a quirky thing in a certain state law? I'm sure there are other scenarios but these are top of mind to me.

[inzman]

I got half my house back here after our divorce, no problem, no prenup. She tried to get my stuff in Amerika, but I put everything in a trust before I married her, haha.