Divorce Settlement

Post by **pienmash** » May 7, 2012, 11:21 pm

Never invest any amount of money , time n effort into a Thai lifestyle / business / lady ......THAT YOU ARE NOT PREPARED TO WALK AWAY FROM OR LOOSE TOTALLY without destroying your life ............. easy to say but a golden rule IMO

When getting divorced there are numerous things to consider but emicability and the well being of offspring regardless of the reasons for divorce must be paramount ,,,,,,

mash ...... FOR THE RECORD WEDDING CAKE LEAVES A SOMEWHAT SOUR TASTE IN MY MOUTH ...tho its had its benfits .

Post by **homer** » May 13, 2012, 12:58 am

maaka wrote:see Thaivisa ' True laws for a Thai Divorce ' for some discussion on what you ask..
Most would say that if you married in thailand, live in thailand under Thai laws, and all your assets are in thailand, then it comes down to an amicable divorce or a contested divorce, where each can lay claim to assests acquired during the marriage.

As to overseas assets.. One says that the Thai Courts are not interested in such assets, as it comes under another juridiction, and yet others say that there is nothing to stop the thai wife from engaging a stateside lawyer via the web, or phone or whatever, and hire him to go after your US assets...

BUT DONT LISTEN TO ME, GET PROPER LEGAL ADVICE,....

see this is where perhaps Prenups come into play. It is abit of a connundrum because thai law says what was your before the marriage is yours, and yet if you divorced back stateside the wifey would get half your assets..I would like a legal opinion on this for all the members sakes, and to clear that side of things up...

I can only speak with regard to Canadian law but I'm given to understand that if the marriage is registered with your consulate then the Thai wife can lay claim to half your overseas assets. However, that being said, I concur with your advice to get proper legal counsel Maaka...preferably prior to entering into marital bliss.

After all, an ounce of prevention is worth a pound of cure.

Post by **Balthasar G.** » May 25, 2012, 1:56 pm

Did anyone actually have prenups drawn up by a lawyer here in LOS? How much did it set you back?

Post by **golfer678** » May 26, 2012, 4:55 pm

I was married for 3 years, thai marriage.
whenever I bought something, 30 rai, 10 rai, house, car, pick up, I went to an attorney in Udon with a paper I had written, he tweeked it
basically it said that if the marriage ends, for whatever reson, whomevers fault, all the land, the house and car belong to me
did not have a paper signed for the pick up, did not think it was needed. she no8w has this.
when we broke, i took the papers to another attny, he said all is mine until i die, then belongs to who ever i will it to, but not her...my x wife
the land and house papers are filed at the land office.
so if you think ahead, or with the right head, you can come out ok
good luck
oh, whenever I bought something, incliuding the pick up, my wife would ask "do you want me to sign the paper"
just wish i had said yes to the p/u, but then shte does deserve something.

Post by **Balthasar G.** » May 26, 2012, 8:28 pm

Sorry, but do you mean marriage at the amphur by Thai Marriage?
And how much did the attorney charge for doing the tweaking?

Post by **trekkertony** » May 27, 2012, 5:20 am

The attached link has indepth information that may assist forumites in relation to family law matters.

http://www.isaanlawonline.com/lawyer-th ... rvice.html

Post by **Balthasar G.** » May 27, 2012, 7:33 am

'In-depth information'? I beg to differ. The site, interesting though it may be, contains general information on Thai family law.

Post by **trekkertony** » May 27, 2012, 9:18 am

Sorry about that Balthasar, one could be forgiven for thinking that that following family law

http://www.thailawforum.com/database1/m ... iland.html

Post by **isaanlawyers** » October 4, 2012, 4:13 am

The Civil Code is there in English and that is the basis of family law in Thailand. You should start reading clauses 1471 to 1474 to start about what is personal and common property in Thai Law.

We wrote some articles about how to divorce, or how the marital property is divided between spouses in case of divorce, or about custody or children according to Thai Law. You will find them in English, some in Thai and even some in French.

You will also find information about prenuptial agreements but this is a complex matter when a couple is from two different nationalities. There are rules under Thai law in the "conflict of law act" but the real problem is understanding the laws of both countries and preventing what can happen in the future. Prenuptials are limited in Thailand, but still, they can be useful for many people and it is not expensive to make one.