Laws about who gets what in case of a divorce

[Autonuaq]

Stuff in Sweden is covered by Swedish law,

Stuff in Thailand is covered by Thai law.

If you are in Sweden, ask a Swedish lawyer, not us, we don't know anything about Sweden.

PS

You aren't married.

She is currently just a gf.

See the many section written about intentional al law in the forums.

The Hague Convention on Celebration and Recognition of the Validity of Marriages or Hague Marriage Convention is a multilateral treatyd eveloped by the Hague Conference on Private International Law that provides the recognition of marriages

this to prevent unexpected surplices. Many people claim to have the wisdom and tell you all. The fact is you have to know the rules and that you only can to by vising a lawyer in Thailand as well in your own country if needed.

Can assure you and with me many other people that what is told above by the advanced forum member is totally not thru as personally have seen with my own marriage and later divorce in 2015.

make the marriage agreement if you want to have that as well the how the financial part of the marriage is arranged. All is becoming one or before is excluded or something like that. if you do nothing the local laws of the country where married apply.

in general the core is, the marriage in the country which it takes place that law applies. Assume this is Thailand in your case

legalize all the documents

Provide all document in your home country to the appropriate government office

then the acceptation the marriage procedure of your country Sweden will be initiated, acceptance is not automatically, I know cases that marriage have be refused to recognize by the country if the this is not automatically as fact

after acceptation of the marriage you have the register the other documents with approval of your country to the other government offices.

Mostly this is done automatically.

Except on document . this is never done by automatically and has to be doen by yourself!

the right of choice of the law that apply to the marriage you have to file by yourself thru the appropriate way at the appropriate government office.

in general it mans you have to go to court and ask the court to provide a court order the apply the right you requested.

In general this will be the right you are married under.

if you do not then after the set time and periode (mow 10 years) your marriage will be converted to a marriage that has the Swedish law applied to it.

Divorce

even-tough all is arranged registered and set as requested. there still comes a surprise out of the box. due to a twist in Law.

when both are living in the county under European law and / or the country did sign the international human rights laws then the following will happen is the lawyer are very keen.

Because the Thai law applies as requested and filed on time when enter the country to start living this will not be an issue.

is not done i directly then with divorce thsi will be one of the points to settle.

also be ware when live together longer then 6 month it can be seen as a family live to the European law as well the human right laws beside if more the 183 days one can be seen as person who stays in the country. even tough you have a non- immigrant visa.

based on this the law of that country can be applied to the marriage if both stay in the same country in this case Sweden

if the Thai become dual citizenship and is Thai and Swedish then also the Swedish law can be applied on the divorce.

then there is one other thing you have to beware of. To get separated under Thai Law and have that accepted in Thailand too the ground of the divorce have to comply to the Thai law as well on this.

because Thai law applies you can only go the quick divorce way in Thailand. You have go to the Ampure and register divorce together.

the usage of the quick divorce as some countries know as not yet accepted in Thailand. this is because those quick divorces are missing the required ground for divorce by Thai law.

Be wise and look at the official sites there are enough sites beside wikipedia and lawyers once you know the term needed to find the information.

Get Informed by the government of your country as well inform the the multiplicity of your country they know exactly what is needed and can prepare for you what is needed. also help you to have the choice of right registered correctly.

Forum like this only can point you.

at the end is it only who who is seeing and confronted by the consequences.

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[meatboy]

For a start you have not undergone a marriage ceremony, you are not married until you take the oath or whatever and sign the paper. All you have done is pay for a party with your in-laws. You keep saying about the translating paperwork as if it's a big and complicated deal, it's not, you get a translating shop to do it and they simply post it to you completed and stamped, so you see that's not a very good reason for not doing the right thing.

But you miss my point about the love thing......when you do find it my friend then nothing else matters.

Anyway good luck to you for the future.

HL

looks like another one heading for the funny farm.as you say he's more worried about what he's got to loose than making a decent woman out of her.

if he loves here that much and is happy well do the right thing by marrying her,its not difficult just go to the local ampher all done in 30minutes.

one thing you havent mentioned is the SIN-SOD if she like you say has a uni.degree and you want to know if mom and pa will seek compensation the answer is

YES YES YES

if you think by living with her that its the same as being married not in thailand it aint.

as yorkshire folk would say, ney lad thou is living over brush.

You don't know much about Thailand.Millions of Thais are living together and are considered married by their peers.She would be a decent women already,a piece of paper is not going to matter either way,even with Swedish Embassy who accept de facto marrige.Sweden is a far more enlightened country than most,as is their Scandy neighbors.Sin sod is none of your business and not relevant to the post.Good on the op for planning ahead.

"you dont know much about thailand" no not rearly only 30YRS WORTH.

[sir charles IV]

For a start you have not undergone a marriage ceremony, you are not married until you take the oath or whatever and sign the paper. All you have done is pay for a party with your in-laws. You keep saying about the translating paperwork as if it's a big and complicated deal, it's not, you get a translating shop to do it and they simply post it to you completed and stamped, so you see that's not a very good reason for not doing the right thing.

But you miss my point about the love thing......when you do find it my friend then nothing else matters.

Anyway good luck to you for the future.

HL

looks like another one heading for the funny farm.as you say he's more worried about what he's got to loose than making a decent woman out of her.

if he loves here that much and is happy well do the right thing by marrying her,its not difficult just go to the local ampher all done in 30minutes.

one thing you havent mentioned is the SIN-SOD if she like you say has a uni.degree and you want to know if mom and pa will seek compensation the answer is

YES YES YES

if you think by living with her that its the same as being married not in thailand it aint.

as yorkshire folk would say, ney lad thou is living over brush.

This will be my last post in this thread unless someone brings up something interesting to discuss since I already got my answer to my questions in the first post. For us the signing of the papers is not connected to if we love each other or not, even if the few ones answering here seems to not understand this. So then you can do it your way. I try to not be mean to people who choose to live or do things in a way that I don't agree with, and I think everyone should try that.

"all done in 30minutes." It seems to be possible to do it in just one full day if we wake up really early and take the first morning bus to Bangkok. And pay around 4-5000b in total for the stamp in the embassy, translation of papers and so on. We talked about it just breifly and said maybe we should make it legal when we move instead. She kinda wants to take my last name, so she would have to make a new passport and change the application we have ongoing already for her moving to live in Sweden. That will take a lot of paperwork and time also. It is not a 30 min thing.. probably we are waiting more because it's not so important for us signing the papers, and also a little bit because it will be easier to do in Sweden.

http://www.thethailandlife.com/married-thailand-diy-day

"SIN-SOD if she like you say has a uni.degree and you want to know if mom and pa will seek compensation the answer is

YES YES YES"

I beleive you mean that her family would want to keep the Sin Sod? You don't know her family. I got the Sin Sod back after our wedding day. Her mom also helped to pay for a bit of the wedding cost since she invited many more people than planned and the lunch cost extra. Not all Thai people only care about money. It's very sweet that they handled it this way since they are not rich. (Of course not poor either since they could get their children through university)

sin sod returned? Mother in law helped with the wedding cost? Doesn't sound like a person who should be worried about division of assets. What's half of not much? Not much. Lol

[GOLDBUGGY]

Okay thank you, I didn't know that. Then I will check the rules in Sweden instead.

And yes, I know we are not really married yet according to the law. But people here view us as married after the ceremony and we think about ourselves as married.

I would be careful about Sweden and there Marriage Laws.

In Canada you don't have to have legal papers stating you are married to be accepted by law as married. There is a status called "Common Law Spouse" which I am pretty sure Sweden has this law also. If you live with a person for a year in a marriage type arrangement, you would be considered married, and whether you have papers or not.

In several countries (perhaps Sweden) Divorce Law does not look at who brought what to a marriage and who earned what and even how long they have been married. The General Rule is that all Assets are split 50-50 and if a Child is involved then Child Support is paid to the Caretaker Spouse. That amount is dependent on your income. You only have to look at the Tiger Woods Divorce and what he had to pay for the short time he was married to prove that. .

Thailand however doesn't have such laws as Common Law Spouse or even Same Sex Marriages. A Girl Friend in Thailand has no legal status at all. What you bring into a marriage you are allowed to keep and thereafter all income and assets earned as a married couple are shared 50-50. So if a Condo was bought after marriage you would have to split that 50-50. If you bought this Condo before you were married and still paying it off after marriage, you would be expected to pay your Divorced Wife the portion you paid off during marriage.

If you are concerned about a future Divorce, and as you should be, the best advice anyone can give you is to get married in Thailand Legally first. Your marriage will still be recognized in any other country. But since you were married in Thailand you would also get Divorced here, which puts you under Thai Divorce Laws as well, which in most cases is far better.

There is always exceptions to the rule and it is possible to get a Divorce from Thailand from someplace else. But it is more costly and timely and a person would be a fool to do that. Far better to come back here and settle things here in both time and money.

[GOLDBUGGY]

For a start you have not undergone a marriage ceremony, you are not married until you take the oath or whatever and sign the paper. All you have done is pay for a party with your in-laws. You keep saying about the translating paperwork as if it's a big and complicated deal, it's not, you get a translating shop to do it and they simply post it to you completed and stamped, so you see that's not a very good reason for not doing the right thing.

But you miss my point about the love thing......when you do find it my friend then nothing else matters.

Anyway good luck to you for the future.

HL

looks like another one heading for the funny farm.as you say he's more worried about what he's got to loose than making a decent woman out of her.

if he loves here that much and is happy well do the right thing by marrying her,its not difficult just go to the local ampher all done in 30minutes.

one thing you havent mentioned is the SIN-SOD if she like you say has a uni.degree and you want to know if mom and pa will seek compensation the answer is

YES YES YES

if you think by living with her that its the same as being married not in thailand it aint.

as yorkshire folk would say, ney lad thou is living over brush.

You don't know much about Thailand.Millions of Thais are living together and are considered married by their peers.She would be a decent women already,a piece of paper is not going to matter either way,even with Swedish Embassy who accept de facto marrige.Sweden is a far more enlightened country than most,as is their Scandy neighbors.Sin sod is none of your business and not relevant to the post.Good on the op for planning ahead.

No! I think it is you lacking is some knowledge about Thailand and there people.

I lived with my wife for years before we got married. I was accepted by her family as her husband to a point and they never once pressured me into marriage or there daughter. Although some of my wife's aunts did By-the-way my wife several times about getting married. I also visited her parents several times and yet not once did I ever spend a night there. I was always told by my wife we would be more comfortable in a near-by hotel which was fine with me.

But on the day we got married they wouldn't let me leave or stay in a hotel for no love or money. They made up a nice room for us to stay in. Now why do you think that it happened this way if they really considered us married already? Could it be that Thai's are in fact Old fashioned and they hold Marriage in high honor? That they don't like a man sleeping with there daughter in one bed in there house when they are not married, anymore than you would like that back home if it was your daughter?

I see also you never checked in a hotel in a place like Pattaya with your girlfriend, who may be attractive and younger than you, and her I.D. carries a different name on it than yours. In which many cases they treat her like a Bar Girl. But since I got married and she has my last name I never experience this problem ever again.

So yes! Being legally married in Thailand makes a very big difference and whether you think so or not.

[carpediem86]

Thank you Autonuaq, Goldbuggy and everyone still adding even more information. I will check up some more. I read a bit now about the Swedish rules and it seems like she would have the right to half of my apartment wich would be around 6M baht to split. I am happy to share everything when we stay together a long time. Sometimes things in life doesn't go the way as you want so it's good to know what laws and rules that apply so we can do something about it if we feel like writing a prenup for example. Or get married in Thailand as suggested to have the Thai laws apply instead. I think a prenup would be the easiest way to go since we know what is written and it can overrule so I don't need to check so much about the laws. It's possible to write by ourselves and just a small fee to register it in Sweden.

A follow up question: Do you guys know if we need to make a prenup in Thailand too? If we marry legally in Sweden.

[meatboy]

For a start you have not undergone a marriage ceremony, you are not married until you take the oath or whatever and sign the paper. All you have done is pay for a party with your in-laws. You keep saying about the translating paperwork as if it's a big and complicated deal, it's not, you get a translating shop to do it and they simply post it to you completed and stamped, so you see that's not a very good reason for not doing the right thing.

But you miss my point about the love thing......when you do find it my friend then nothing else matters.

Anyway good luck to you for the future.

HL

looks like another one heading for the funny farm.as you say he's more worried about what he's got to loose than making a decent woman out of her.

if he loves here that much and is happy well do the right thing by marrying her,its not difficult just go to the local ampher all done in 30minutes.

one thing you havent mentioned is the SIN-SOD if she like you say has a uni.degree and you want to know if mom and pa will seek compensation the answer is

YES YES YES

if you think by living with her that its the same as being married not in thailand it aint.

as yorkshire folk would say, ney lad thou is living over brush.

You don't know much about Thailand.Millions of Thais are living together and are considered married by their peers.She would be a decent women already,a piece of paper is not going to matter either way,even with Swedish Embassy who accept de facto marrige.Sweden is a far more enlightened country than most,as is their Scandy neighbors.Sin sod is none of your business and not relevant to the post.Good on the op for planning ahead.

No! I think it is you lacking is some knowledge about Thailand and there people.

I lived with my wife for years before we got married. I was accepted by her family as her husband to a point and they never once pressured me into marriage or there daughter. Although some of my wife's aunts did By-the-way my wife several times about getting married. I also visited her parents several times and yet not once did I ever spend a night there. I was always told by my wife we would be more comfortable in a near-by hotel which was fine with me.

But on the day we got married they wouldn't let me leave or stay in a hotel for no love or money. They made up a nice room for us to stay in. Now why do you think that it happened this way if they really considered us married already? Could it be that Thai's are in fact Old fashioned and they hold Marriage in high honor? That they don't like a man sleeping with there daughter in one bed in there house when they are not married, anymore than you would like that back home if it was your daughter?

I see also you never checked in a hotel in a place like Pattaya with your girlfriend, who may be attractive and younger than you, and her I.D. carries a different name on it than yours. In which many cases they treat her like a Bar Girl. But since I got married and she has my last name I never experience this problem ever again.

So yes! Being legally married in Thailand makes a very big difference and whether you think so or not.

you forgot to mention they are DIFFERENT

[steve0367]

Something else to consider is will you be able to have all her paperwork translated to Swedish easily and cost effectively in Sweden? I would think that it would be easier and cheaper to have yours translated to Thai.