Implications when marrying a Thai girl

[Aussieroaming]

Reverse your thinking...assume your new wife is your best friend and that she will contribute to your future finances. My wife deserves our finances if I die first because she has earned it. When I work she saves our income and when I don't work she makes our income work. I don't believe my wife is unique, I think she is normal and I trusted her from day one and she returned that trust.

Not all thai girls and their family's are out to rip you off. My in laws have never been anything except lovely people and they have never asked for a thing. If anything they are the givers not me.

The implications of marrying a Thai girl will be driven by the level of trust you give her. My thought was always why would I marry in the first place if I didn't trust and love my partner. If you don't trust her then expect future complications.

[Rooo]

Moved to Marriage & Divorce forum.

[Fullstop]

It's great that, for a newbie you have concepts of Village Wedding and an Amphur wedding.

Why is there this misconception that new forum members were born yesterday? I'm sure there are heaps of long term expats that have never been near this or any other forum.

[ezzra]

They say that, When marrying a Thai person, a lady in this case, assume the worse but hope for the best,

these page can talk and they can tell the woes of many a marriages that have befallen by the wayside,

however, these pages can also speak of other marriages that are still holding up (by the grace of god)

We all hope that we will only hear good things and happy ending from you... Welcome to Thaivisa...

Edited October 3, 2014 by ezzra

[ggt]

Your roll in the marriage is to act as a personal banker to the girl and her family...so as any wise banker would do...you will need to protect your ass-ets...

[Tony125]

Hi do it like I have just the village way and if it dose not work out walk away like thai man do .

I have to much back home in Australia so I do not what to lose it to a thai I will lever it to my kids .

Thai woman are the best at the waiting games that is way they like man very old I am old but not like some of the man here who give it all to a thai woman , why would you , ok if you have no one to give it to . I have seen here in a village near me a western man dies thai woman gets it all and go's to his home country get it all there comes back to thailand and fines a new western and start all over again so just get married in the village why do western here what to get married to woman with the paper work not understand not sure but I can bet most man here have been married before like me and do not lean from it I think the man here think if married to a thai lady will keep her from levering them .

Guess you don't know how "Thai" law works, if you had regular/formal wedding registered at the Amphur and then later divorced your wife would "only" be entitiled to half of what the both of you aquired while married . She would not be entitiled to land , homes business bank account overseas (Austrailia in your case)

In the case of your death unless you specifically leave a will stating she is to be granted possesesions overseas she will not get any.

[swissie]

Reminder:

Especially in Rural-Thailand it still applies: A couple living together under the same roof for 5 years will be considered as a "married couple". Regardless if any official or inofficial marriage procedures were performed in the past.

So Farangs starting to feel uncomfortable with liberal living circumstances should hit the road after 4 1/2 years.

- I find absolutely nothing wrong with the OP's desire to "test the legal waters" beforehand. Most Farangs do it the other way around: First leap, then look. In the end, an expensive Bangkok Lawyer should rectify the situation. Hilarious !

Cheers.

[Fullstop]

A couple living together under the same roof for 5 years will be considered as a "married couple".

So after 5 years you will no longer be required to provide bedroom pics to immigration when renewing your marriage visa?

[Gecko123]

OP:

The below is from Thailand's Civil Code and this is the basis of what constitutes marital property in Thailand.

Please pay special attention to Section 1474 (1) and 1471(1) and 1472 which are highlighted in red.

1474 defines what constitutes marital property. Note that 1474 (1) reads property acquired during marriage.

This does not mean anything which was purchased during the marriage is marital property. It means "acquired" in the sense of "earned" or "gained" through effort, for example income. In order to understand how Thai marital property law works you have to understand that there are two definitions, one for what constitutes marital property and one for what constitutes individual property belonging to only one spouse.

Section 1471 defines individual property as property belonging to either spouse before the marriage. So what happens if you take individual property you owned before marriage and buy something during your marriage with that money. Is that individual property or marital property?

Section 1472 provides the answer. It reads "if individual property has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua. In other words, if you use savings you had before marriage to buy a house for you and your wife while you are married, (and can document that the money came from you) the house would be considered individual - - not marital - - property.

I researched this very carefully, and have Thai Supreme Court cases which confirm this. The reason there is so much confusion about this is because the Thai law uses a very imprecise term for the word "acquired." The law uses the word "ได้" which can be translated as "gets", "earns", or "obtains." Many people, including a shocking number of Thai lawyers, conclude that this means that anything "obtained" means anything "purchased" during the marriage is automatically marital property and must be split 50/50. This is absolutely incorrect. Again, to understand this correctly, you need to understand the definition of Sin Suan Tua (Individual Property) as well.

There are some big 'real world' caveats to this, however. In the real world, because land laws prohibit foreigners from owning land in Thailand, when you buy land in violation of land laws and register it in someone else's name, build a house on that property registered in someone else's name, as a practical matter it can be extremely difficult to recover your money in the event of a divorce, even if you can prove the money came from you. A court will likely rule in your favor, but actually forcing someone to sell the property and hand over the money can sometimes be next to impossible. This is why many people advise that the smartest course of action is to buy a condominium which you can register in your own name. You can use a pre-nuptial agreement to further document that this property belongs to you. That way, in the event of a divorce, there is no dispute about who owns what.

CHAPTER IV

PROPERTY OF HUSBAND AND WIFE

Section 1465. Where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chapter.

Any clause in the anti-nuptial (also called prenuptial) agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void.

Section 1466. The ante-nuptial agreement is void if not entered in the Marriage Register at the time of marriage registration terms of the ante-nuptial; or if not made in writing and signed by both spouses and by at least two witnesses and entered in the Marriage Register at the time of marriage registration stating that the ante-nuptial is thereto annexed.

Section 1467. After marriage the ante-nuptial agreement cannot be altered except by authorization of the Court.

When there is final order of the Court to effect the alteration of cancellation of the ante-nuptial agreement, the Court shall notify the Marriage Registrar of the matter in order to have it entered in the Marriage Register.

Section 1468. Clauses in the ante-prenuptial agreement shall have no effect as regards the rights of third persons acting in good faith irrespective of whether they be altered or cancelled by the order of the Court.

Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

Section 1470. Properties of husband and wife except in so far as they are set aside as Sin Suan Tua, are Sin Somros.

Section 1471. Sin Suan Tua (INDIVIDUAL PROPERTY) consists of:

(1) property belonging to either spouse before marriage

(2) property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse

(3) property acquired by either spouse during marriage through a will or gift

(4) Khongman.

Section 1472. As regards to Sin Suan Tua, if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua.

Where the Sin Suan Tua has been totally or partly destroyed but replaced by other property or the money, such other property shall be Sin Suan Tua.

Section 1473. Each spouse is manager of his or her Sin Suan Tua.

Section 1474. Sin Somros (MARITAL PROPERTY) consists of:

(1) property acquired during marriage; (2) property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros; (3) fruits of Sin Suan Tua.

In case of doubt as to whether a property in Sin Somros or not shall be presumed to be Sin Somros.

Edited October 3, 2014 by Gecko123

[paulhen]

I have read and heard all matter of stories. Thanks to your efforts Gecko123 to document all of this with legal references, I feel I have a whole lot better an understanding than ever before. The Thai law in fact, is now seen in a whole new light. Misinformation abounds here in Thailand.

Thank you.

[georgemandm]

Tony125

Guess you don't know thai woman just in they for the money A T M get a life

[georgemandm]

Tony125

Guess you don't know thai woman just in they for the money A T M get a life

[Thai at Heart]

Possessions prior to marriage registration are not considered part of the marital property. Therefore they are protected with out a prenuptial. Check with a lawyer.

Not under foreign law. Duh

[choochoo]

Research balcony jumping in Thailand first.

marrying in the village must mean the girl is a village girl. Guy assuming his marriage will last to his natural death in concerning.................lol.

Do guys go to the villages looking for a marriage partner or do the boy and girl meet in a big city? I just dont get it

[choochoo]

What would your position be if you decided to marry a western girlfriend?

If you did would you expect no financial commitment? If you did you may well be disappointed so why would you expect something different from a Thai girlfriend?

Because village girls are not the same as your typical western girl.

[jomcondo]

So if you die she will get 100% in the will, if you separate she will get 50% or possibly less in a divorce.

Doesn't take much of a brain to see what you might have coming.

[HughJass]

if u have cash and a pension then u are at risk of being murdered or rather having a nasty accident...don't forget the price for this service is a low as 10,000 baht and she will get tens of 1000s a month for the rest of her life.....do the village wedding and see how it goes for a few years before commiting...how old are u and her?

in Thailand never be worth more dead than alive

[Cypress Hill]

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Don't worry about the negative nellies on here. If you love her (and if she loves you) then go for it but be prepared to shell out....

Why should he be prepared to "shell out"?

Not everyone comes here and marries a poor, modestly-educated woman half his age while paying out a rental fee to her family.

Let's give the guy the benefit of the doubt for now, eh?

[Gerard052]

I have been married at an Amphur for over 4 years now, I had some money invested in my own country but not after the marriage. Does that mean that if we split she still gets 50% of my investments or she gets nothing because all my money was invested before marriage?? Anybody knows for sure, help me???

[netkoala]

You will become happily married for a number of years.

One day you will want to sell the 1/2 block and house at the back of the property so you can use the money to assist your wifes first child's UNI fees, and also take the wife on a little holiday.

You will find that the property is actually in the wifes fathers name, and so arrange to have a drink and discussion at your place.

The father will then club you to death with your own golf clubs.

Everybody saw it coming, police commissioner included. It was just a matter of time.

[arthurwait]

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Research balcony jumping in Thailand first.

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Is that for after the wedding when she clears me out.

Pushes would be a better word.

[mrfaroukh]

There is no implications at all, you give whatever you have and she live with the family as happy as they can, and you keep wondering what a hell has happened.

[purushanti]

Even if you cohabit, ie, no marriage, she willl still have rights.

[choochoo]

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Don't worry about the negative nellies on here. If you love her (and if she loves you) then go for it but be prepared to shell out....

Why should he be prepared to "shell out"?

Not everyone comes here and marries a poor, modestly-educated woman half his age while paying out a rental fee to her family.

Let's give the guy the benefit of the doubt for now, eh?

Want to bet.

OP said he is getting hitched in the village....................lol. I doubt many middles class thai chicks want to go get married in the sticks.

[Mark601]

Don't get married. Stay in the fiance/gf honeymoon zone/phase.

[Daniel Boon]

Hocus pocus ... village wedding and you will will have to pay a dowry, 150,000 Baht or thereabouts, wedding rings for you and her, other gold jewelry will include a bracelet, neck chain and maybe earings ...my village wedding had 230 people and you do you think pays for that, budget (say) 70,000 Baht, with a band, banner with names on it etc, whiskey, beer, soft drinks, water ...

[thonburi tim]

My Friend,

don't worry.

I married a beautiful lady from Buriram 15 years ago. She was 20 and I was 46. She is the most perfect lady and wife. I am so happy to be with the lady I love. Thai ladys are the the most perfect ever

[GOLDBUGGY]

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In a nutshell...everything you owned together since marriage would be split 50/50. If you have kids everything changes and i'm sure there are a myriad of ways the water can be muddied in other circumstances.

At the end of the day if you want to marry properly at the Amphur then you have to accept everything that goes with it for better or worse.

One of my main reasons for an official Amphur wedding is for the financial benefit of my girlfriend as I believe if we get married she will get part of my company pension when I die, yes it will be reduced but by Thai standards it would give her an income for life.But what I do not want is her getting a share of what I have already got if we were to split, so I guess the pre-nuptial would be the way to go.

At least with that you can record what you brought into the marriage, which you are allowed to keep. No agreement can save you from Child Support Payments, but I understand that in Thailand those are quite low. I mean compared to the West.

If there is a huge age difference between you and your to be wife, it is best to check the fine print on your company pension policy and don't assume anything. Most pensions are based on your age thus also your life expectancy. It stands to reason then that if you married someone that was 30 years younger, then the payout would be much more and longer than normal and after you are gone.

To compensate for this many insurance companies give reduce payouts to your wife dependent on her age at the time of your death. This reduction can be quite huge. I know of one that if you died at age 65 and your wife was only 40 years old at the time, she would get nothing, It moves up 2% per year from their so if she was your age at the time, she would get 50% of your pension, which is the normal amount they normally receive. But if I recall this was a Government Pension and not Company one.

But it is still best to check into this very closely as most people don't know this, and assume everything.

[smotherb]

Reverse your thinking...assume your new wife is your best friend and that she will contribute to your future finances. My wife deserves our finances if I die first because she has earned it. When I work she saves our income and when I don't work she makes our income work. I don't believe my wife is unique, I think she is normal and I trusted her from day one and she returned that trust.

Not all thai girls and their family's are out to rip you off. My in laws have never been anything except lovely people and they have never asked for a thing. If anything they are the givers not me.

The implications of marrying a Thai girl will be driven by the level of trust you give her. My thought was always why would I marry in the first place if I didn't trust and love my partner. If you don't trust her then expect future complications.

Congratulations friend. While I agree with what you say, and I have experienced a similar relationship with my wife and in-laws; it is, unfortunately, a rare situation.

[smotherb]

You will become happily married for a number of years.

One day you will want to sell the 1/2 block and house at the back of the property so you can use the money to assist your wifes first child's UNI fees, and also take the wife on a little holiday.

You will find that the property is actually in the wifes fathers name, and so arrange to have a drink and discussion at your place.

The father will then club you to death with your own golf clubs.

Everybody saw it coming, police commissioner included. It was just a matter of time.

What a bunch of pessimism. Didn't you think before you got married? Didn't you establish a warm loving and trusting relationship with your wife? Or, was it simply a long-time, as opposed to a short-time?