Get a Thai prenup before registering your foreign marriage?

[TPDH]

Hello

 

If you got married to your Thai wife in the US and are now looking to register the marriage in Thailand where you'll live, is it possible to get a prenup valid in Thailand before you register the marriage here? There was no prenup before/in the US. 

[Gumballl]

No, it does not work that way. However, you could divorce your wife now that you are living in Thailand, then do a prenup, and remarry her (should you dare).

 

Why would you need a prenup if living in Thailand? It is not like she will be able to grab your assets that are sitting in the US.

 

P.S. I just Googled; you can do a post-nup agreement.

Edited October 31, 2020 by Gumballl

[TPDH]

19 hours ago, Gumballl said:

No, it does not work that way. However, you could divorce your wife now that you are living in Thailand, then do a prenup, and remarry her (should you dare).

 

Why would you need a prenup if living in Thailand? It is not like she will be able to grab your assets that are sitting in the US.

 

P.S. I just Googled; you can do a post-nup agreement.

In a divorce, are you sure your wife wouldn’t be entitled to part of your foreign assets as well? Is it really only the assets in Thailand? 
 

Did some google searches and postnups doesn’t seem to be legally enforceable in Thailand. Otherwise that would have been an option. 

[Sheryl]

1 minute ago, TPDH said:

In a divorce, are you sure your wife wouldn’t be entitled to part of your foreign assets as well? Is it really only the assets in Thailand? 
 

Did some google searches and postnups doesn’t seem to be legally enforceable in Thailand. Otherwise that would have been an option. 

 Your wife would only be entitled to half of assets acquired after marriage, Any assets you already have are protected.

 

 

[RichardColeman]

5 minutes ago, Sheryl said:

 Your wife would only be entitled to half of assets acquired after marriage, Any assets you already have are protected.

 

 

Which is why if you married her in the USA she might want that divorce done in the USA, not  a place where she would get less !

[khunPer]

16 minutes ago, Sheryl said:

 Your wife would only be entitled to half of assets acquired after marriage, Any assets you already have are protected.

That's for a Thai marriage, and property in Thailand; but seems like OP was already married in US, and that should to my knowledge follow US legislation, at least for any property in US.

 

Does anyone know how a divorce situation work with assets in two countries – I can hardly believe that Thai law shall be followed in US, or other countries, or that Thailand would accept to follow foreign law for domestic issues?

Shouldn't marriage/divorce be compared to inheritance and Last Will, where it need to follow local laws?

[petgunya]

9 minutes ago, khunPer said:

That's for a Thai marriage, and property in Thailand; but seems like OP was already married in US, and that should to my knowledge follow US legislation, at least for any property in US.

 

Does anyone know how a divorce situation work with assets in two countries – I can hardly believe that Thai law shall be followed in US, or other countries, or that Thailand would accept to follow foreign law for domestic issues?

Shouldn't marriage/divorce be compared to inheritance and Last Will, where it need to follow local laws?

Speaking as a Thai lawyer I can tell you that a foreign marriage is subject only to the legal jurisdiction of the country in which the marriage was registered.

If the partners wish to register the marriage in Thailand, then that marriage and any subsequent divorce would be subject to the laws and jurisdiction of the laws of the Kingdom of Thailand governed under the Thai Civil Code and pursuant to the jurisdiction of the Thai Family Court.

 

Any Thai owned property by default is considered to be owned on a 50/50 basis (referred to as "SIn Somros"). This applies specifically to Thai property (including goods, chattels, jewelry, precious metals and cash) acquired after the marriage in Thailand but for clarity, any property previously owned by either spouse prior to the marriage should be documented. This is where a prenup comes in as being relevant.

It is quite a deep topic to cover although the fundamental principles are quite simple.

 

For anyone interested, I have written a brief PDF report which covers the topic from an overall perspective and should provide more clarity for anyone interested in determining the actual facts rather than having to rely up conjecture. It is a free report and requires no email registration to download. 

https://diamondrussell.com/wp-content/uploads/2020/05/Getting_a_Thai_prenup.pdf

[Sheryl]

1 hour ago, khunPer said:

That's for a Thai marriage, and property in Thailand; but seems like OP was already married in US, and that should to my knowledge follow US legislation, at least for any property in US.

 

 

While it varies by state, in most states of the US the law is similiar to that of Thailand i.e. 50/50 split of all "community property" defined as assets acquired after the marriage.

 

If they divorce in Thailand, Thai law will apply. In practice, a Thai court would have little ability to divide up property located abroad and if a divorced spouse wanted to seek a share of property located in the US, and the other spouse did not agree, they would have to seek it through US courts.

[Elkski]

1 hour ago, petgunya said:

Speaking as a Thai lawyer I can tell you that a foreign marriage is subject only to the legal jurisdiction of the country in which the marriage was registered.

If the partners wish to register the marriage in Thailand, then that marriage and any subsequent divorce would be subject to the laws and jurisdiction of the laws of the Kingdom of Thailand governed under the Thai Civil Code and pursuant to the jurisdiction of the Thai Family Court.

 

Any Thai owned property by default is considered to be owned on a 50/50 basis (referred to as "SIn Somros"). This applies specifically to Thai property (including goods, chattels, jewelry, precious metals and cash) acquired after the marriage in Thailand but for clarity, any property previously owned by either spouse prior to the marriage should be documented. This is where a prenup comes in as being relevant.

It is quite a deep topic to cover although the fundamental principles are quite simple.

 

For anyone interested, I have written a brief PDF report which covers the topic from an overall perspective and should provide more clarity for anyone interested in determining the actual facts rather than having to rely up conjecture. It is a free report and requires no email registration to download. 

https://diamondrussell.com/wp-content/uploads/2020/05/Getting_a_Thai_prenup.pdf

This link took me to a model airplane build.  A DLG and of which brand I have several.  

 

A prenuptial after your married.  Hmmm.  I am thinking if you don't have a document that says what assets were acquired before the marriage  how would an agreement help  now? 

 

[petgunya]

14 hours ago, Elkski said:

This link took me to a model airplane build.  A DLG and of which brand I have several.  

 

 

Check your computer for browser hijack viruses. There is nothing wrong with the link!

[Preacher]

A prenup can be changed or added after the marriage, but it is a difficult process as you will have to go to court and the judge will want to be sure that nobody is or will be negatively effected by it. (In essence you can't do it if it will mean that any debtors will be put in a disadvantage). 

[Elkski]

I did get the link to work.  It was on my phone and  I had  an existing file with the same name.     It says the thai signed prenuptial  is filed at the same amphor and day as filing the thai marriage.   If you get married in a foriegn country  it seems like you can file the prenuptial if and when you file  marriage in Thailand.     How else would you do it?  Create a prenuptial written to be valid in both countries  then get married in foriegn country then if you  ever move to Thailand you can file it if you register yiur marriage.    This is relevant to me as hopefully soon will get our K1 visa to USA.