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BANGKOK 18 July 2019 04:08
dia1

Divorce and property earned/obtained overseas

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Hi guys,

 

I am thinking of getting married, but I would like to protect my assets (and future assets) in my home country.

 

I am American, so I already know how to protect my assets in the US courts, and if I get married, I will bring my fiance to the US with me on a 90day fiance visa to get married over there. We will do a prenuptial agreement in the states, which would prevent her from taking half of everything I own by US law.

 

But I am concerned at the idea that she could somehow come back to Thailand and through Thai courts, somehow gain a ruling to a part of my foreign assets.

 

 

For example, let's just say I have a million dollars in assets currently. I take my girlfriend to the US with me and we get married and sign a prenuptial agreement. Sometime after, we acquire a home worth 2 million dollars (all in my name and using newly acquired assets that I earned after marriage). And then sometime afterward, we get a divorce. Under US Law, she would only be entitled to whatever I give her during a divorce if we sign a prenuptial agreement, since she essentially contributed no assets to the marriage.

 

But... could she come back to Thailand and somehow get a ruling for half of my newly acquired assets overseas and rule them as "common property" regardless of my prenup in the states? Hell, would the Thai courts even recognize the marriage here if we never register the marriage here? I am fully aware that any assets I acquire or earn in Thailand after marriage is common property and can be split 50/50, but can can the courts try to circumvent a foreign prenuptial and go after foreign assets held overseas?

 

I'm probably overthinking it, and hopefully it will never come to this, but I want to make sure I have my bases covered as I have substantial assets and my fiance has none. And please don't respond with "Don't get married, it's dumb... blah blah blah". I've already considered my options, and I would like to start a family on American soil. I know of all the risks of divorce... I just want to make sure I am not gutted in the event that it happens.

 

 

TLDR version;

 

1. Is a marriage to a Thai national done overseas recognized by Thai courts if it's never registered in Thailand.

 

2. Can Thai courts go after foreign assets

 

 

I'm not interested in assets purchased or earned in Thailand. I don't earn money in Thailand and the assets I have in Thailand aren't worth worrying about.

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There is no way the Thai courts have any jurisdiction over anything outside Thailand. And you can divorce over here but you would need to take your marriage certificate to register your marriage at an amphur first and then divorce.

HL

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know of all the risks of divorce... 

 

No you do not...don't do.it!   🤔

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Posted (edited)

Hardly romantic is it, but you are a smart man and have your head well screwed on.... Ask a lawyer in the USA.

Edited by DaRoadrunner

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Thai courts have no jurisdiction in the US, so if you are planning to live in the US then you have to focus on US law ... for that I would advise a good US family lawyer over a Thai Visa armchair lawyer. 

 

Personally, I wouldn’t do it, but if I did I’d want to know how watertight pre nups are, how a court would treat the accumulation of wealth during the marriage, and what the financial implications are of adding children to the equation?

 

Good luck.

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Why not get a village wedding in Thailand, and then your marriage in the US? You do not need a formal marriage cert in Thailand, unless you need that for her to get to the US. If you are formally married in the US, make damn sure you have a strong iron-clad pre-nup. Should be fine if ever the bad times come.

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Thai Visa Forum is no way a divorce lawyers forum,

The correct advise can only be obtained by a lawyer in this matter, don't get caught out by hear say.

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Having married in the USA, I don't recommend doing that unless you are both going to live there. Should you come to a point of divorce it becomes a big problem since she is not a US resident. Get married where you're going to live.

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You have money why not ask a lawyer instead of members on a forum called Thaivisa? 

 

What state you are in makes a difference. Also talk to an accountant.

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US follows US Law, and doing a prenuptial there covers your assets there. Always good to to do that, for both parts.

 

Thai Law covers Thailand, so whatever you write is a US prenuptial might not be accepted by a Thai court. You can make a prenuptial here also. If no prenuptial is made, the Thai Law says that what each party had before the marriage become separate property; whilst what's added during a marriage will become common property, and shall be shared 50/50 upon divorce.

 

When getting married its advisable to also make a Last Will, or rather two, one covering the assets in one's home country home country, i.e. US for you OP, and another in Thailand covering one's assets here.

 

You should consult a lawyer in US for the legal matters there, and another lawyer in Thailand for the same here.

🙂

 

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Atleast you are preparing yourself which i think is good..

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