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BANGKOK 19 May 2019 16:12
dante123

married to a thai, no kids, no prenup

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discussed divorce with the wife, she claims she is willing to simply get out of the marriage and sign an agreement with the laywer that she will accept a small sum of money and wont go after any other funds or assets.

 

assuming she sill sign such an agreement, will it hold ? she cannot change her mind later on ? will it be a done deal ?

i read that a postnup agreement is worth 0 if she changes her mind, or is this not considered a postnup since its happening during a divorce?

 

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You didn't mention property, just funds and assets.  So transfer all of the funds and assets offshore. Problem solved.

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47 minutes ago, Khaeng Mak said:

You didn't mention property, just funds and assets.  So transfer all of the funds and assets offshore. Problem solved.

No way she can reach foreign funds? If she knows where they are for example bank name and country? 

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Get to the Amphur tomorrow before she changes her mind!

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So long as she divorces you in Thailand you don't have much to fear.  If she gets to your home country and files a divorce there then you're in trouble and likely on the hook for decades of maintenance.  But if you transfer the funds out of Thailand you're pretty much in the clear.  A court may order otherwise but they can't enforce it if your money is sitting in a London bank especially if they can't get hands on you because you went elsewhere. 

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What does the law actually say about division of property (and cash/funds) at divorce? Not that I'm considering marriage currently, but if I ever wanted - what would be the maximum damage possible in Thailand?

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As far as I am aware, for it to hold up in a western court (maybe even Thai one too), she needs to of had her own independent lawyer consultation on the matter.

 

If not and she just signs it, she could potentially say she didn't know what she signed because she is not a lawyer. It cannot be the same lawyer that you use or may have bias towards you.

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On 4/20/2019 at 6:03 PM, Thainesss said:

You dont even need a lawyer, you both just need to go to the amphur where you got legally married and sign the divorce documents. The official cost is like 30 baht. 

 

What you agree to give her to get her to go to the Amphur is up to you, but once those docs are signed its over. 

 

Getting her there to sign the docs is another story entirely

And that is only if you are "properly and legally" married, not just the water chucking and string thing (which you can just walk away from like all the Thai guys do). Mine cost me 500 Bht enticement, and my lawyer was angry at me for giving her that much 🙂

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7 hours ago, PingRoundTheWorld said:

What does the law actually say about division of property (and cash/funds) at divorce? Not that I'm considering marriage currently, but if I ever wanted - what would be the maximum damage possible in Thailand?

50 - 50 even with kids involved. You have a chance at the Amphur to declare assets you already own before you actually marry. This is an extract from a legal advice column in a well known paper If you reside in Thailand and divorce in Thailand, the rules are relatively straightforward. Anything that either party owned before entering into the marriage is untouchable and will remain with the original owner, any chattels gained after the marriage will be split 50/50 irrespective of who paid for them.  However, it's best to declare assets before the marriage so there is no argument over when you attained them.

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