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Incase of divorce in the future, what would my wife gain from me.


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Posted

Hello,

I have been married for just over a year. We haven't signed any marriage certificate or any documents. We just go married in a Church in Bangkok and had a Thai traditional giving respects to the parents. She has was my girlfriend for about 5 years before we got married. We don't have any kids yet, but plan something for the future.

We get on ok, but have some small arguments now and again. Her family members tend to leave us alone most of the time. But I think they do pressure her sometimes.

We both have jobs and I earn twice as much as her. And we both kept are salaries in separate bank accounts. I prefer it this way as it keeps everything simple I know how much I have saved and she knows how much she has saved. I pay for the rent, eating in restaurants, weekly food items. So that she can save more of her money.

Just recently she has been talking about signing the marriage certificate, and this could be pressure from her parents. And before I do that I just want to protect myself in the future just in-case the unthinkable happens and we end up divorcing.

I have some assets in the UK in stock and some saving in my UK account.

This is the research that I have done, and not sure if I am correct:

1) Any assets that I have after we sign the certificate will be divided 50%.

2) Any assets that I have before we signed, she should not be entitled to (UK assets).

3) (and this one scares me) She will be entitled to 50% of my monthly salary.

I am only on an average salary, so be taking 50% would mean I would just be able to live.

If I buy a car or a property after we sign and in the future we can divide that. But any money I have saved into my bank account from my salary I would like to keep.

I would like to sign a prenup before we sign any marriage certificates.

Many thanks for any suggestions,

Posted

In Thailand its a fifty-fifty split for post assets......But I think you are wrong about your UK assets. I think she would be able to go there and claim half.

As for a pre-nup.....if not done right....100% useless. She needs her own lawyers. One from here and one from the UK.As you would also....There should also be a pre-pre -nup agreement.......its complicated....

Posted (edited)

How about my future earnings. Will she be entitled to 50% of my future salary?

How about the money that she has saved? Would I be entitled, or is this a one-way thing?

Edited by karl2007
Posted

You are NOT married in Thai law until you go to the amphur and sign on the dotted line, therefore your partner is probably unsettled by the fact you can walk away any time you like.

Are you planning a life in the UK or Thailand?

If you divorce there can be an agreement no matter where you live and under what law it is obtained.

  • Like 1
Posted

There is a single word that brutally answers the question to this thread.

Everything.

Ex-pats of every nationality in Thailand who really know the place could all write a book about relationships with Thai women going totally pear shaped and the guy ending up destitute.

Many people, especially those that wear rose tinted glasses and live in la la cukoo land will disagree with me and go to great lengths to tell me that not all relationships end up with an unhappy ending....but sadly most do.

And there will be only one loser. Johnny Foreigner the Farrang Muppet.

Posted

Based on answers given by a lawyer in the "Ask the lawyer" forum, this is the situation in case of divorce:

  1. Both parties get 100% of the assets they owned before the marriage.
  2. Assets accrued during the marriage, with the exception of gifts and inheritances, are split 50/50

The divorced wife has no legal right to 50% of your earnings after the divorce. If it goes to court, a judge will suggest that an amicable agreement out of court be made and if this does not succeed, the judge will decide on what alimony, if any, one party should pay to the other.

The above applies in the case of a divorce, ie after a de jure marriage, ie registered at the district office (amphoe). A religious ceremony does not count as a legal marriage, but if after a separation the case goes to court, the judge may consider it to have been a common law marriage and rule that some payment must be made by one party to the other.

Posted

Hello,

I have been married for just over a year. We haven't signed any marriage certificate or any documents. We just go married in a Church in Bangkok and had a Thai traditional giving respects to the parents. She has was my girlfriend for about 5 years before we got married. We don't have any kids yet, but plan something for the future.

We get on ok, but have some small arguments now and again. Her family members tend to leave us alone most of the time. But I think they do pressure her sometimes.

We both have jobs and I earn twice as much as her. And we both kept are salaries in separate bank accounts. I prefer it this way as it keeps everything simple I know how much I have saved and she knows how much she has saved. I pay for the rent, eating in restaurants, weekly food items. So that she can save more of her money.

Just recently she has been talking about signing the marriage certificate, and this could be pressure from her parents. And before I do that I just want to protect myself in the future just in-case the unthinkable happens and we end up divorcing.

I have some assets in the UK in stock and some saving in my UK account.

This is the research that I have done, and not sure if I am correct:

1) Any assets that I have after we sign the certificate will be divided 50%.

2) Any assets that I have before we signed, she should not be entitled to (UK assets).

3) (and this one scares me) She will be entitled to 50% of my monthly salary.

I am only on an average salary, so be taking 50% would mean I would just be able to live.

If I buy a car or a property after we sign and in the future we can divide that. But any money I have saved into my bank account from my salary I would like to keep.

I would like to sign a prenup before we sign any marriage certificates.

Many thanks for any suggestions,

Her entitlement is to half all assets obtained after becoming legally married. She has no entitlement to your future salary.
  • 2 weeks later...
Posted

At this stage we have only done a village wedding bc I am concerned, like any farang, of getting divorced.

If you are worried about getting divorced then why did you get married ?

Posted

Sounds like you have only done the Thai wedding, to be honest just about every womans wish is to marry but the Thai women ive been involved with have accepted i dont want to marry again and just got on with it.

You assume its pressure from family or even her desire and it could be but thats just your assumption, if your so concerned about a possible divorce dont get married.

With last TGF i told her who was much younger and insisting to marry that marrying her would affect my future pension due to her age and very good income, being a savoy smart woman she could see so sugested a Thai wedding and sin sod, and the sin sod was going to be high she informed me due to her education and high earning ability this i hit on the head very quickly telling her its a partnership togther that sin sod is not in my custom and if she insisted then i expected it to be returned to me, she again accepted this, its all about how you present the situation to her too many guys get caught up in the bubble of love and throw caution to the wind.

Stand your ground and make a case against marriage that makes sense to her i have 3 times and its been accepted with the last TGF we could have made a life together if she hadnt been such a drama princess, i can imaging this savoy smart exwife cleaning me out if i had of married her.

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