Re: Protect my assets from thai wife

Posted by: Suzanne Kingston, partner, Dawson's Solicitors
28/04/08 at 1:40 pm

Prenuptial agreements are not currently strictly enforceable in the courts of England and Wales, however, if correctly drafted, they can be used as evidence of the parties’ intentions as to how finances should be provided in the event that they get divorced.

Clearly the prenuptial agreement will not be used unless you get divorced. Depending on the financial advantage to you in having the prenuptial agreement enforced, it might be that you are able to issue divorce proceedings in Thailand, if the courts there would strictly uphold it. The courts in England and Wales are currently viewed as being very generous to the weaker economic party (in your situation this seems to be your future wife) and so it could be in her interests to ensure that divorce proceedings are issued in the jurisdiction of England and Wales. Divorce proceedings can only take place in one jurisdiction, and if proceedings were to be issued in both Thailand and England and Wales at once, then there could be some complex and expensive legal arguments as to which jurisdiction should decide the case. Your Thai prenuptial agreement may have a “jurisdiction clause” which says that the Thai courts should decide the case in any event.

Depending on the value of the assets involved, it might be a good idea for you and your future wife to have an English prenuptial agreement too. You need to be aware that in order to ensure that a prenuptial agreement is taken into account as much as it can be here, it needs to be signed at least 21 days before your wedding, so you should take legal advice sooner rather than later.

In terms of protecting your assets during the marriage, it would be sensible to keep properties etc in your sole name, although this does not mean that they will automatically be protected from any claims by your wife. You should also keep your finances completely separate so that, should you need to, you can show that your wife did not need all the money that you had available and that you and she meant some of your assets to be seen as your own property. You should also encourage your wife to make use of any money that she may have, and also to work so that she builds up her own ability to earn money without having to rely on you. Please note that there is nothing that you can do to guarantee that your assets will be completely protected from any claims by your wife in the event that you get divorced in England and Wales. This is even more difficult the longer you are married, and if you should have any children. As mentioned above, England and Wales is a very generous jurisdiction for the financially weaker spouse.

Re: Protect my assets from thai wife

Posted by: camry
01/06/08 at 7:52 am

yes mate dont do it, when they come to the uk they have all the uk rights, my wife has cost me a fortune, be carefull, they are very clever at telling stories, they emotional blackmail, if you dont do what they want, they will make up lies to get money.

give me a bell i will tell you about my 6 years of hell

clive

07850047352

Re: Protect my assets from thai wife

Posted by: Mr.Vicha
29/06/08 at 8:36 am

I am a thai lawyer.Your asset in england , you can arrange The Will.That is so easy.In Thailand if i can do somethings mail to :vicha1966@yahoo.com

Thank

Vicha