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  New Posts New Posts RSS Feed - Pre-Nuptuial Agreement, period
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Pre-Nuptuial Agreement, period

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Moothon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Moothon Quote  Post ReplyReply Direct Link To This Post Topic: Pre-Nuptuial Agreement, period
    Posted: 17 Nov 05 at 11:03

Well, here's the low down.

No.1 - IF you plan to register your marriage at your embassy, GET A PRE NUPTIAL AGREEMENT FIRST. NO QUESTIONS ASKED. DON'T EVEN THINK ABOUT NOT GETTING ONE. GET A LAWYER TODAY AND GET ONE!!!!!! Ok, nuff said about that.

No.2 - If your marriage is registered in Thailand, but not in your country by your embassy, you are only legally married in Thailand.  You must register your marriage at your embassy for it to be legally binding in your country for visa's or any other official purposes.

NO.3 - Keep EVERYTHING  in your name !!!!!!!!!!! Lease your land or house for 99 years if you want, or buy your condo if you want, but make damn sure your motorcycle, vehicle and ANY property is in YOUR name.  GET A LAWYER AND GET IT DONE RIGHT !!!!!! Your lawyer can assist you in getting your thai motorcycle and car driving license and everything else for a pittance of what you will lose  if you believe all the bullsh*t you hear or by following your HEART!, OR EITHER ONE OF YOUR HEADS!

NO4. With that having been said, DON'T BE A CHEAP CHARLEY! BUT DON'T BE STUPID!!! Now that your money and possessions are safe, It's ok to treat your girl as nice as you can afford or want to spend. DON'T GIVE HER YOU PIN NUMBER!!! EVER !!!! GIVE IT TO ONE OF YOUR FRIENDS so if you should lose it or have an accident, they can get it for you.  YES, YOUR DARLINGS PURSE COULD GET "STOLEN" AND SOMEONE SHE DOESN'T KNOW COULD DRAIN YOU BANK ACCOUNT !!!!  IT'S HAPPENED TO A GUY THAT WAS MARRIED FOR 3.5 YEARS!!! AND GUESS WHAT HE EVENTUALLY FOUND OUT AFTER REVIEWING THE ATM CAMERA TAPES?  RIGHT!!! HER OWN SWEET LOVING MOTHER WAS THE OTHER PARTNER IN CRIME. 50 PERCENT TO THE GIRL AND 50 PERCENT TO DEAR MOM, AND ZERO PERCENT TO THE FALANG!!!  DON'T LET IT HAPPEN TO YOU!!!

No.5 Trust, but verify !!!!!  Make damn sure you know where your money is going!  They usually send 2 or 3 thousand baht to their parents every month and would rather it be YOUR money than "THEIR" money!  About 8 thousand baht a month is more than enough for her to do all her shopping, buy all her 'wants' and send as much of that to her parents as she wants, or she may just squirell it away for herself.  Up to her.  But any more than 8000 baht a month, and you are being taken advantage of.  This DOES NOT include things that you buy for her just because you want to, just make sure that she doesn't "lose" that gold bracelet strangely every month.

got to go now........... more later

 

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lopburi3 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lopburi3 Quote  Post ReplyReply Direct Link To This Post Posted: 18 Nov 05 at 18:13
no1. Wrong. You get married at a District Office - not an Embassy. That is the only legal marriage in Thailand.

no2. Wrong. If you are registered at a District Office in Thailand your marriage is very likely to be legal worldwide.

no3. There is not such thing as a 99 year lease.

no4. PIN for a friend? I don't think so! If you can't trust the woman you married you are going to trust a bar mate?

no5. Now you set minimum worker wage for your wife?

As for "getting a lawyer" you might find out the ability of most is somewhat less than outstanding and they sure are not likely to be around when you need them.

The intent of your post I do accept however. Those that marry without more than a passing acquaintance are very likely to find it a hard road ahead.

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Craig.Joy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Craig.Joy Quote  Post ReplyReply Direct Link To This Post Posted: 19 Nov 05 at 15:55

I agree with lopburi regarding No2.

We married in Thailand and have since lived in the UK and Australia, with no questions raised about the legality of our certificate.

The only thing i would suggest is that an English translation is made of the certificate and then have it verified.

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Moothon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Moothon Quote  Post ReplyReply Direct Link To This Post Posted: 21 Nov 05 at 08:46

Lopburi,

No. 1-I'm not talking about the Thai marriage Cert., everyone allready knows it's done at the Umper Office, I'm talking about registering your marriage at your emvassy so it's legal in your contry as well, so if the impossible happens and you get a divorce, she will be 100% legally entitled to half of your stuff.  If you only have a marriage registered at your Umper( District ) Office in Thailand, she may not be legally entitled to anything unless she has been living in your couyntry for at least 7 years, common law, or her lawyer will need to come to Thailand to verify that you were legally married here.  

No.-2. Yes, there is.  I have one.  The info. that I am posting here is not hearsay, or guesses, they are facts.  When I give my opinion on something, I will say it's my opinion, exactly so it's not missunderstood to be a fact.  If you don't know about the 99 years leases, then please ask about it instead of making uninformed statements.

Please remember, just because YOU don't know about something, doesn't mean it doesn't exist or isn't true.  I'm posting this info. mearly to help others, and if you re-read my post you will see what I said about giving money to your gf/wife.  If you want to give her a million baht a month, then go for it, and I'm happy you can and that you trust her enough to do that.

And as for lawyers in Thailand, they are just like everywhere else, some good and some bad. Maybe the fact that I speak Thai makes it easier for me to tell the difference.  Ask around or interview a few from the Bkk Post, until you find a good one. 

Your mileage may vary.......more later

 

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Moothon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Moothon Quote  Post ReplyReply Direct Link To This Post Posted: 21 Nov 05 at 09:03

Lopburi,

Sorry, forgot one, I didn't say to give your pin to a bar mate, I said give it to a friend.  There is a big difference, although you may get plastered with your true friend or friends from time to time, bar mates, bar buddies, drinking buddies ect.....no I wouldn't give my pin number to them either.:)

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lopburi3 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lopburi3 Quote  Post ReplyReply Direct Link To This Post Posted: 21 Nov 05 at 13:31
In Thailand the max legal lease is for 30 years (although there can be options to extend another one or two times).

In most countries the District Office marriage is legal without any registration at any Embassy (I know that for a fact at both USA and UK).
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Moothon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Moothon Quote  Post ReplyReply Direct Link To This Post Posted: 22 Nov 05 at 15:58

OK,

so now on to your contract, as lopburi said, they are in 30 year increments, and as I said , can be extended by your contract for up to 90 years.  When I wrote my 1st post I hit the 9 button instead of the 0.  The total contract is for 90 years to run concurrent.  Make sure that your lawyer adds that if within the 90 year period, the laws in Thailand happen to change, and ownership can be granted, that you will automatically own your home/land. 

So, say you see a place for sale, land, or a house on land, that you want to buy.  Being a smart fella, you make sure first no one is going to get a kick back or  jack up the price for a foreigner by having your wife/gf contact the seller first and haggle a good price.

Then, contact your lawyer and have the contract drawn up for the lease/buy agreement- with the 30 year concurrent leases for a total of 90 years with the clause for law changes and have the seller sign it..........wala.......you have the place you want in your name till the day you want to sell it, or the day you kick the bucket.

Yes !!!!  In the contract, you have it stated that you may at any time, sell the remaining portion of your lease/buy contract as you see fit......not so difficult huh?

got to run......more later

 

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Sebastien View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Sebastien Quote  Post ReplyReply Direct Link To This Post Posted: 23 Aug 07 at 16:37
Lopburi is right. But i would strongly suggest the pre-nuptial agreement like moothon said. Maybe because I'm a lawyer! Smile
 
Anyway, in many countries, a 99 or 100 years lease is perfectly legal. It could be called an Emphyteutic lease (it's the name in Canada). However, the Civil and Commercial Code of Thailand limits a lease to 30 years, and over a 3 year long lease, you must register it at the land department. Yes, a renewal after 30 years is possible, maybe 2.... only possible. Nothing is 100% sure.
 
Oups.. just noticed this thread is from 2005 !!! Sorry.
 
 
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Moothon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Moothon Quote  Post ReplyReply Direct Link To This Post Posted: 24 Aug 07 at 12:54
Wrong answer trainee, although it's been a few years, I am still correct.
Since you're a lawyer, I'll slow it down for ya.  :)
Again, as I said before, you MUST register your marriage at your embassy for it to be legally binding in your home country.
When you apply for a visa for your wife, you are knowingly or unknowingly informing (registering) your embassy that you are married.
If you marry in Thailand and only register at the Umper (District) office and never leave Thailand with your wife or apply for a marriage visa, your Embassy or your home country will never know you are married.
AND,,,,, there are several men married to different women in different provinces!!!!!!!!  All registered at the provisional Umper !!!
BUT, do you think their Embassies would allow them to take each wife out on a visa???  Of course not, because in most countries you must divorce before you can remarry.  
ALSO, the laws in Thailand are very flexible as I'm sure Sebastian knows,
so there is really never any 100% correct answer.
Hope this helps............
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dogeater Quote  Post ReplyReply Direct Link To This Post Posted: 27 Aug 07 at 14:04
Originally posted by lopburi3 lopburi3 wrote:

no1. Wrong. You get married at a District Office - not an Embassy. That is the only legal marriage in Thailand.

no2. Wrong. If you are registered at a District Office in Thailand your marriage is very likely to be legal worldwide.

no3. There is not such thing as a 99 year lease.

no4. PIN for a friend? I don't think so! If you can't trust the woman you married you are going to trust a bar mate?

no5. Now you set minimum worker wage for your wife?

As for "getting a lawyer" you might find out the ability of most is somewhat less than outstanding and they sure are not likely to be around when you need them.


 
Wow Lopburi....you managed to get it wrong on all the above, congrats!
 
no1. Wrong. You get married at a District Office - not an Embassy. That is the only legal marriage in Thailand.
 
The op was talking about registering the marriage in the foreigners home country...nothing was mentioned about the Thai marriage registration at a Thai Amphur.

no2. Wrong. If you are registered at a District Office in Thailand your marriage is very likely to be legal worldwide.
 
Nope, for Americans it's only recognized if it's registered at the American consulate.

no3. There is not such thing as a 99 year lease.
 
Between Thais this is a common figure but not sure about foreigners. However, Foreigners can hold leases in Thailand.

no4. PIN for a friend? I don't think so! If you can't trust the woman you married you are going to trust a bar mate?
 
Frankly, w/ the choices of marriage partners I've seen around I'd follow the above advice. But, there are some exceptions.

no5. Now you set minimum worker wage for your wife?
 
3 - 4,000 would be more reasonable to set as a minimum wage for normal factory workers. However, It could go higher w/ overtime.


Edited by dogeater - 27 Aug 07 at 14:21


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