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Hello everyone - forgive me if this has been asked before, but, in general terms, is it better to have a Thai marriage ceremony (legal, official in Amphur) or UK (registry office)?

I mean this in terms of worst-case scenario in the future: division of assets after divorce - or probate after death, leaving property to Thai wife and  UK children, etc.

Thanks for ANY help or guidance - 🙂

Tim.

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I don't think it makes any difference, either is legal in either country.  However it is probably easier to do it in Thailand as to register a UK marriage in Thailand involves quite some paperwork, or so I've read.  There is also no need or indeed possibility to "register" a Thai marriage in the UK.  Of course where you both live might have some bearing on this.

Edited by Upnotover
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In normal times the complete marriage registration process is far easier in Thailand, even though you have to jump through a few hoops.  When I say 'complete', I also take into account the fact that your girlfriend will have to obtain a visa to get married in the UK whereas you don't need one to marry in Thailand. However, at the moment you would need to consider the COE process and associated costs such as ASQ etc. Having said that, if your girlfriend would be returning to Thailand following the marriage registration, she will have to go through some of that process/expense.

 

In your worst case scenario, getting a divorce in Thailand is far easier provided both parties agree on things like division of assets and access to any children you may have. If you can't reach agreement the Thai registry office can't divorce you and the matter would have to go to court - I can't comment on that as I've never experienced it.  However, the rules on assets are fare more favourable in Thailand as assets held by either party before marriage remain their sole property and their value at the time of marriage is discounted from any settlement.  So for example, if you bought a condo and then got married, in the event of a subsequent divorce, your wife would only be entitled to a percentage of its uplift in value since the marriage.

 

However, it all depends on where you intend to live after you are married.  If you live in the UK, your wife can petition for divorce in the UK regardless of where you were married and UK rules on assets would apply.  I think in practice, most Thai/UK couples choose to marry in Thailand and if things go wrong, divorce there too.

 

You would have no problems leaving assets to your wife or children in either country but should note that the Thai courts have no jurisdiction in the UK and vice versa.  You need a separate will for assets and property in each respective country.  You would also be well advised to give your wife the contact details of your UK solicitor and basic details of her rights under your UK will.  Remember, she could be 6000 miles away and things could be very difficult for her.

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  • 3 weeks later...
On 1/10/2021 at 2:13 PM, lordmullin said:

Hello everyone - forgive me if this has been asked before, but, in general terms, is it better to have a Thai marriage ceremony (legal, official in Amphur) or UK (registry office)?

I mean this in terms of worst-case scenario in the future: division of assets after divorce - or probate after death, leaving property to Thai wife and  UK children, etc.

Thanks for ANY help or guidance - 🙂

Tim.

Top of the Heiratchy of Controls: Elimination

Dont do it !!!! 😥😥

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On 1/10/2021 at 9:13 PM, lordmullin said:

Hello everyone - forgive me if this has been asked before, but, in general terms, is it better to have a Thai marriage ceremony (legal, official in Amphur) or UK (registry office)?

I mean this in terms of worst-case scenario in the future: division of assets after divorce - or probate after death, leaving property to Thai wife and  UK children, etc.

Thanks for ANY help or guidance - 🙂

Tim.

Whichever you choose get a pre nup. Thai probably easier for that. Just get a good lawyer to have it drawn up.

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2 hours ago, murraynz said:
4 hours ago, fxe1200 said:

There is a third option!

Yes...dont get married,just live together.

Surely,that makes life more simple..

I can never understand why mature men,many,who have had previous marriges...are sooo desperate to get married again...

It just complicstes your life..

Sure, and it's easy. As my clever Thai girlfriend says, if it cannot work without paper, why should it work better with a paper...👍

 

You can easily make a last will, which is always advisable, or rather two, one in your home country, and one in Thailand, to cover worst case. And you can always change a last will should the relationship go south.

 

And fair with assets and property, "what is hers is hers, and what is mine is mine"; and if you wish to gift you partner/spouse something, or share some, it's easy...🙂

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59 minutes ago, jinners said:

Whichever you choose get a pre nup. Thai probably easier for that. Just get a good lawyer to have it drawn up.

A pre-nip is not recognised in Thailand. So if it comes to a court case here it’s value is questionable. A court can take it into account or completely ignore it.
 

The Thai law of each parties property and assets before marriage remaining theirs in a divorce means that a pre-nup is just a waste of money here. 

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Just have the ceremony, but, don't register it at the Ampur. For most women it's the ceremony that counts with family in attendance and then a party afterwards. Many Thais do this.

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Get married in Thailand. As stated in the above post, your Thai girlfriend will need to go through the ceremony. This is a big party for her family and friends and, in their eyes, means that you are man and wife. This is what costs the money and you will have to go through it even if you are legally married in the UK.

 

Your girlfriend and her family will organise everything - you just need to pay for it.

 

Once you have been through the marriage ceremony you can legalise your marriage, if your wish, by registering it at the local Amphur.

 

If you do divorce down the track, you will get to keep your UK assets. Your wife is entitled to half your Thai assets, but she could end up with the lot if everything is in her name.

 

If you get married in the UK, you will still have to spend money to do the ceremony in Thailand to satisfy the family and you will need to register the UK marriage at the your local Amphur. Your wife may be entitled to a share of your UK assets under British law.

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