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Legal advice - Expat getting married to Thai having a child

Last activity 21 September 2023 by Jey_L

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CryptoDaddy

Hello all, I am US and my Thai girlfriend wants to get married and have a kid. She is very connected and well off, owns several businesses. I am from US an own a condo in Bangkok and have a Thai (and also have us) bank account with funds.


So, two questions I am looking for help with, please....


A) what are the legal implications of getting married to a Thai? What risk am I exposing myself to legally and financially?


B) what are the legal implications of having a kid in Thailand with a Thai? What risks am I exposed to financially?


I am just thinking, what if we didn't stay together - separate, but still married?

What if we divorce?

What about custody?


Any insights are appreciated. Opinions too.

Leeds forever!

Hello all, I am US and my Thai girlfriend wants to get married and have a kid. She is very connected and well off, owns several businesses. I am from US an own a condo in Bangkok and have a Thai (and also have us) bank account with funds.
So, two questions I am looking for help with, please....

A) what are the legal implications of getting married to a Thai? What risk am I exposing myself to legally and financially?

B) what are the legal implications of having a kid in Thailand with a Thai? What risks am I exposed to financially?

I am just thinking, what if we didn't stay together - separate, but still married?
What if we divorce?
What about custody?

Any insights are appreciated. Opinions too.
-@CryptoDaddy

Never ask for insights or opinions. Those are totally irrelevant. You asked about legal implications.


It's actually much easier to Google A and B. It took me maybe 30 sec each.


A)

https://www.thaicontracts.com/learning-6.html


https://www.thaicontracts.com/ask/23-fa … vorce.html


This is some info about legal aspects when married to a thai citizen and it includes a thai divorce. There are many other websites, I just picked two. The consensus when reading more than one website is that a prenuptial agreement is very smart.


B)

https://www.siam-legal.com/legal_servic … ailand.php


This is info from one website,there are many others. I googled 'Child custody in Thailand'.

CryptoDaddy

Thank you, I'll check it out and also find a lawyer for a consult.

JayEsCee

Wow! Why are you getting married if you're that unsure about your fiancee? I was living with my now wife 11 years before we got married. What is the rush? Thai women can be unpredictable. They are very good and sweet actors for the first couple of years before you really get to know them. I would recommend waiting to get married and have kids until you know her better than she knows herself.

CryptoDaddy

Good advice, I have my reasons.

Never done that

Wow! Why are you getting married if you're that unsure about your fiancee? I was living with my now wife 11 years before we got married. What is the rush? Thai women can be unpredictable. They are very good and sweet actors for the first couple of years before you really get to know them. I would recommend waiting to get married and have kids until you know her better than she knows herself.
-@JayEsCee



Where do you get from he is unsure about his girlfriend ?

To learn what the rules / law is, In a country before getting married, That being smart, And show he is thinking clear about things.


Dont matter if you get married after 11 years together or right away.

I have multi friends that choose and agreed to married their Thai girlfriend on the first trip to Thailand.

That still married here 10-20-30 years later, And others where it dont work, That life.


One might think, If you need 11 years before married, You the one that was unsure about her ?

It really how people choose to look at it.



Good luck CryptoDaddy, I hope everything turn out to be a great life for you.

Wish you all the best.


Kindly.

JayEsCee

Did you read his first message? He is talking about risks associated with marrying a Thai woman and having kids and then he goes on to say,


"I am just thinking, what if we didn't stay together - separate, but still married?

What if we divorce?

What about custody?"


That seems pretty unsure to me. And of course it does matter the more time you are with somebody before you get married. It is a proven fact that people who have dated longer before getting married have a lower divorce rate and a greater chance to having a happy and successful marriage.

Never done that

Did you read his first message? He is talking about risks associated with marrying a Thai woman and having kids and then he goes on to say,
"I am just thinking, what if we didn't stay together - separate, but still married?
What if we divorce?
What about custody?"

That seems pretty unsure to me. And of course it does matter the more time you are with somebody before you get married. It is a proven fact that people who have dated longer before getting married have a lower divorce rate and a greater chance to having a happy and successful marriage.
-@JayEsCee


Again, That being smart and nothing to do with being unsure.

To know where he stand if he bring a kid(s) into this world is smart.

I wish everyone was thinking about that before getting a kid(s).


People split up for many reason, Grow apart, Want something else and so on Or stay together forever, Nothing is 100% in real life.


Kindly.

Leeds forever!

Did you read his first message? He is talking about risks associated with marrying a Thai woman and having kids and then he goes on to say,
"I am just thinking, what if we didn't stay together - separate, but still married?
What if we divorce?
What about custody?"

That seems pretty unsure to me. And of course it does matter the more time you are with somebody before you get married. It is a proven fact that people who have dated longer before getting married have a lower divorce rate and a greater chance to having a happy and successful marriage.
-@JayEsCee

Why is questions about legal implications when it comes to divorces or how custody works in Thailand a sign of being unsure? Please tell.

JayEsCee

If you know your fiancee really well you would not have to worry about what to do in case of a divorce. Marriages have become disposable in this century and it is not for the better. That is not the way it used to be. My grandparents were married for over 70 years and they died a month apart because they could not live without the other. My parents were married in 1958 and are still married. If you discuss all things with your partner in the years before you get married then you don't have to worry about what to do in case of divorce and what to do about child custody. You should not have kids if you are unsure about the marriage. It is not fair to force your kids to deal with your mistakes.


I would never consider divorcing my wife or her divorcing me because we know each other so well. Divorces are messy and you should not be selfish enough to brings kids into a marriage which both parents are unsure of it lasting.


This is like preventative medicine. It is better to eat and live healthy to have a robust immune system instead of worrying about what drugs are available when becoming sick. Same with marriage, it is better to know your partner so well that you have no doubt you will be together until the end than it is to worry about what the legal ramifications are for getting divorced and filing for child custody. The law here will heavily side with the Thai female over a foreign husband in most cases. I have known far too many foreigners here who were quick to get married and later regretted it because the wife changed once they were married. I don't want this to happen to the guy who started this thread. I have lived here for 30 years and I've seen a lot of these quick marriages (over half) end badly and wanted to spare this from happening to this gentleman.

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Leeds forever!

If you know your fiancee really well you would not have to worry about what to do in case of a divorce. Marriages have become disposable in this century and it is not for the better. That is not the way it used to be. My grandparents were married for over 70 years and they died a month apart because they could not live without the other. My parents were married in 1958 and are still married. If you discuss all things with your partner in the years before you get married then you don't have to worry about what to do in case of divorce and what to do about child custody. You should not have kids if you are unsure about the marriage. It is not fair to force your kids to deal with your mistakes.
I would never consider divorcing my wife or her divorcing me because we know each other so well. Divorces are messy and you should not be selfish enough to brings kids into a marriage which both parents are unsure of it lasting.

This is like preventative medicine. It is better to eat and live healthy to have a robust immune system instead of worrying about what drugs are available when becoming sick. Same with marriage, it is better to know your partner so well that you have no doubt you will be together until the end than it is to worry about what the legal ramifications are for getting divorced and filing for child custody. The law here will heavily side with the Thai female over a foreign husband in most cases. I have known far too many foreigners here who were quick to get married and later regretted it because the wife changed once they were married. I don't want this to happen to the guy who started this thread. I have lived here for 30 years and I've seen a lot of these quick marriages (over half) end badly and wanted to spare this from happening to this gentleman.
-@JayEsCee

Divorces in Thailand have always been common. It's not something new,and it has nothing to do with foreigners.If not married, splitting up have also been very common among Thai people. That's the reason so many kids live with their mother or her parents. Foreigners in Thailand have problems when getting divorced because they are totally clueless.

scbrock

If you know your fiancee really well you would not have to worry about what to do in case of a divorce. Marriages have become disposable in this century and it is not for the better. That is not the way it used to be. My grandparents were married for over 70 years and they died a month apart because they could not live without the other. My parents were married in 1958 and are still married. If you discuss all things with your partner in the years before you get married then you don't have to worry about what to do in case of divorce and what to do about child custody. You should not have kids if you are unsure about the marriage. It is not fair to force your kids to deal with your mistakes.

Divorces in Thailand have always been common. It's not something new,and it has nothing to do with foreigners.If not married, splitting up have also been very common among Thai people. That's the reason so many kids live with their mother or her parents. Foreigners in Thailand have problems when getting divorced because they are totally clueless.
-@Leeds forever!

If you have a great marriage and have so for many years my hats off to you. Not all of us

have been that fortunate. I believe it takes some talent to juggle a career with family and

meet all the expenses needed and deal with a host of other things going on ... and maybe

most important being able to find the right woman that you can share your life with.


I agree with the idea of dating or possibly living together for a long time before getting

married since it makes a stronger bond and not end things so easily.


Divorces are certainly messy and ugly in any country but what would you suggest as some

safeguards or protections for us farang? Do they honor a prenup here? And I understand

the earlier poster that said if there is that much doubt then maybe it's a bad idea but also

there is something to be said for just being careful.

CryptoDaddy

wellllll.... I am still waiting for a simple plain english explanation about if I am married and divorce, what happens to my assets, incl. real estate (in my name only) -  (those that I had before the marriage, and those gained after) and child support/visitation/custody.


As to if I am certain, and whatever else, thats personal and has nothing to do with the question at hand, thats another topic and feel free to open a new thread on that if you like.

Jey_L

I'm pretty sure you already know that, as same common law applies everywhere.

You do know that you have 2 options before you are legally married. Either you choose you do a prenup or you don't. 

If you do, that will mitigate the risk of getting a divorce where you will be financially liable for everything, and you'll have to split your properties even those earned before the marriage.

However, the problem is not getting married here. It is to explain to your significant other why you want to do a prenup!

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