Marriage - Divorce

[Mobi]

Forgive me if I've missed it, but what would be the situation if the couple just went to Aphur and arranged for a divorce - without any reference to the UK or any other foreign courts?

If the farang husband had most of his assets offshore - would he be legally obliged to declare them, and if so, how could anyone establish that he had declared them truthfully? Or would only his Thai assets (if any) be taken into account in the divorce settlement?

If the Thai wife had previously indicated that she would be happy with a specified lump-sum settlement, would this be accepted by the amphur official who issues the divorce paper, and become the legal, final settlement? Or would she be advise to go for half the estate?

Many farangs who have settled in Thailand, have married relatively unsophisticated Issan girls, and it is pretty unlikely that the wives would think of going anywhere other than the amphur to get their divorce. In most cases, the idea of going to an overseas court would be totally beyond them.

[tuktukwan]

What's the situation with regard to couples who don't marry and then decide to split?

If a couple live together in Thailand exclusively but at some point separate does the female partner have any financial claim on her male partner under Thai law? If so is there a set period of time when a relationship is deemed permanent?

[Chang_paarp]

There is no legal recognition of de-facto relationships in Thailand.

As always check with qualified professionals.

[womble]

I think i'll eigher opt for a pre nup.........

Or

A wedding Party with no official registration of the marriage.

All my investments are offshore, so I have no worries from the UK government making me hand those over.

A pre nup will protect me here, not something i'm excited about though, not exactly the sexiest thing to ask for before a wedding is it.

[LaoPo]

I think i'll eigher opt for a pre nup.........

Or

A wedding Party with no official registration of the marriage.

All my investments are offshore, so I have no worries from the UK government making me hand those over.

A pre nup will protect me here, not something i'm excited about though, not exactly the sexiest thing to ask for before a wedding is it.

Quite right, it's not sexy at all !

Even in Western countries a lot of people (especially the 'party' where there's less money/assets and in many cases therefore the 'bride' and her parents) have this uncomfortable feeling and a kind of mistrust about a pre-nuptial arrangement.

BUT, it's in the best interest for BOTH parties also because in marriages, all along the road, some people run into business-problems, tax-problems, bankruptcy etc. etc.

In those cases the creditor can NOT touch the money/assets of the other (bride's) party.

I think you're doing the right thing in both cases.

ALSO: never allow yourself to be 'pressed' into a marriage. In many cases it's the parents who 'wish' a marriage.....and the daughter will follow their wishes....

and.....you're on the HOOK !

LaoPo

[tuktukwan]

There is no legal recognition of de-facto relationships in Thailand.

As always check with qualified professionals.

Thanks, interesting. I'm surprised though given that a large proportion of Thai's live together without actually getting legally married (opting for a traditional Buddhist ceremony as oppose to a civil one) and a fair percentage of those end up separating.

Edited November 25, 2006 by tuktukwan

[womble]

Last night I brought up the idea of a pre nup, but I put it across in a way that made it sound that it was of benefit to both of us. We agreed that we would set an amount cash that was fair should something go wrong and more if we have had childeren.

She was actually really open to the idea. I made it clear that what is mine now is mine. We have a set an amount that will be paid if things go wrong. Any property which is paid for by me will remain mine, if we do a business together it would be split 50/50.

We discussed things for a while and will discuss more to sort out something we are both happy with.

I was dreading bringing up the idea, now i'm really glad I did.

[LaoPo]

Last night I brought up the idea of a pre nup, but I put it across in a way that made it sound that it was of benefit to both of us. We agreed that we would set an amount cash that was fair should something go wrong and more if we have had childeren.

She was actually really open to the idea. I made it clear that what is mine now is mine. We have a set an amount that will be paid if things go wrong. Any property which is paid for by me will remain mine, if we do a business together it would be split 50/50.

We discussed things for a while and will discuss more to sort out something we are both happy with.

I was dreading bringing up the idea, now i'm really glad I did.

Good job Womble !

LaoPo