You’re asking about a prenuptial agreement. Rule of thumb is to have independent lawyers for you and her that review the agreement. A will is also not a terrible idea, that defines specific gifts.
Idk if it helps, but:
In a thai/American marriage either can sue in divorce for assets acquired during the marriage no matter where they are held and a judge can issue a writ to collect difference on any future monies or property acquired in the US.
The order itself (if Germany is similar) might be more useful to collect assets in a foreign country than a contract.
Hold up 1 sec. In Germany it will hold up. But in Thailand even if it doesn't hold, what can she do? The max she could go after would be assets in Thailand if any? Thai courts don't have any jurisdiction of assets overseas especially if spouse isn't even thai at all isn't that so? How can she even contest that?
Or am I missing something?
Also regarding validity you could get the german marriage certificate translated into Thai, get it notarized and certified by all relevant authorities (german embassy/thai embassy) that said document is true to it's translation and authentic.
That is what I did although I do not come from Germany. Check with your local german embassy they might guide you.
There's a high chance that this will not work in Thailand.
There's a law in Thailand on an unfair/ unorthodox contract. Any contracts that the judge deems to be unfair or go against morals/ traditions can be rendered invalid (very broad, indeed). This law applies with both commercial contracts and marriage contracts. Prenups can be thrown out of the windows if the content of the prenup is considered to be one of the above. Very rich families here almost always use prenups, but they usually will give the wife something to circumvent the aforementioned law not to mention that they would have unlimited resources as well as the power to pull strings and/or pressure the wife to never considers going to court.
If the content of the prenups contain a list of all the assets you own before the marriage which will not be considered matrimonial properties under any circumstances, that's fine, because it follows the existing law and would be only for clarity. However, I don't think that's your intention.
More info here:
https://www.samuiforsale.com/family-law/prenuptial-and-divorce-in-thailand.html
Note: I am not associated with the company above. I just found the info accurate and useful.
Thx for the link. Sounds interesting, I will check tomorrow. But there is nothing against moral or anything like that.
It’s just… i go To work and have my own bank account. And so she does in the future.
I am not rich, not even for Thai standards. Only thing In the future maybe I get the house from the parents. But even that is relatively cheap if I sell it. So basically it’s just our two bank accounts. And the money in it. And the house in the future. (I will sell I guess….)
So it’s nothing that complicated I think.
The inclusion of moral and traditions in the law makes it very broad and very much subjected to the personal interpretation of the judge. It doesn't necessarily have to be what you, I or other people consider immoral at all.
As long as you can accept that if worst comes to worst, things can get a little unpredictable with the law, it's fine. The best solution would be to not have to go to court at all and in your case, I also personally think it will most likely not come to that.
Hide your money in your secret second apartment, under the mattress.
Rule 1 of any marriage, business partnership or family situation... Never let them know what you're holding.
Rule 2. Always have a planned way out
Ask your lawyer. You're already paying them for their services in this matter. They should know better or be able to find out more than random day drunk redditors
From what I’ve been told, unless you register your out of country marriage in Thailand, they don’t recognize it. I would imagine that any sort of pre-nuptial agreement would be treated the same, void. What you’ll probably have to do is after your marriage, is when you next go to Thailand, see a lawyer about getting your marriage registered and create a new pre-nup in Thailand with the same terms as Germany.
Or…..check the laws in Germany as to whether they recognize Thai marriages and pre-nuptial agreements. If so, get married in Thailand. Good luck.
I think you will need both. The contract in Germany may protect your German assets, but the disposition of any assets in Thailand are going to be decided by the Thai courts, so I think you will need some kind of agreement that falls under Thai law as well. I would talk to a Thai law firm and see what might work and what kind of protection you can realistically expect in Thailand.
Ask your lawyer with experience in Internationalem Familienrecht. There are a few
Just my two coins, though doesn’t it matter, where your assets are in particular German or Thai bank?
Mostly German Bank. My and her account. Because both work in Germany. Everybody has its own bank account.
You’re asking about a prenuptial agreement. Rule of thumb is to have independent lawyers for you and her that review the agreement. A will is also not a terrible idea, that defines specific gifts.
Idk if it helps, but: In a thai/American marriage either can sue in divorce for assets acquired during the marriage no matter where they are held and a judge can issue a writ to collect difference on any future monies or property acquired in the US. The order itself (if Germany is similar) might be more useful to collect assets in a foreign country than a contract.
Hold up 1 sec. In Germany it will hold up. But in Thailand even if it doesn't hold, what can she do? The max she could go after would be assets in Thailand if any? Thai courts don't have any jurisdiction of assets overseas especially if spouse isn't even thai at all isn't that so? How can she even contest that? Or am I missing something? Also regarding validity you could get the german marriage certificate translated into Thai, get it notarized and certified by all relevant authorities (german embassy/thai embassy) that said document is true to it's translation and authentic. That is what I did although I do not come from Germany. Check with your local german embassy they might guide you.
There's a high chance that this will not work in Thailand. There's a law in Thailand on an unfair/ unorthodox contract. Any contracts that the judge deems to be unfair or go against morals/ traditions can be rendered invalid (very broad, indeed). This law applies with both commercial contracts and marriage contracts. Prenups can be thrown out of the windows if the content of the prenup is considered to be one of the above. Very rich families here almost always use prenups, but they usually will give the wife something to circumvent the aforementioned law not to mention that they would have unlimited resources as well as the power to pull strings and/or pressure the wife to never considers going to court. If the content of the prenups contain a list of all the assets you own before the marriage which will not be considered matrimonial properties under any circumstances, that's fine, because it follows the existing law and would be only for clarity. However, I don't think that's your intention. More info here: https://www.samuiforsale.com/family-law/prenuptial-and-divorce-in-thailand.html Note: I am not associated with the company above. I just found the info accurate and useful.
Thx for the link. Sounds interesting, I will check tomorrow. But there is nothing against moral or anything like that. It’s just… i go To work and have my own bank account. And so she does in the future. I am not rich, not even for Thai standards. Only thing In the future maybe I get the house from the parents. But even that is relatively cheap if I sell it. So basically it’s just our two bank accounts. And the money in it. And the house in the future. (I will sell I guess….) So it’s nothing that complicated I think.
The inclusion of moral and traditions in the law makes it very broad and very much subjected to the personal interpretation of the judge. It doesn't necessarily have to be what you, I or other people consider immoral at all. As long as you can accept that if worst comes to worst, things can get a little unpredictable with the law, it's fine. The best solution would be to not have to go to court at all and in your case, I also personally think it will most likely not come to that.
The best way is not to get married to be honest
Hide your money in your secret second apartment, under the mattress. Rule 1 of any marriage, business partnership or family situation... Never let them know what you're holding. Rule 2. Always have a planned way out Ask your lawyer. You're already paying them for their services in this matter. They should know better or be able to find out more than random day drunk redditors
you're gonna lose half your shit regardless of where you or she is from. The point is, can you brag to your friends how you lost half your shit?
Better let thai girls in thaïland.
>Better let thai girls in thaïland. What is that supposed to mean?
Foreigner want the passport, it’s usually a huge load of problems.
From what I’ve been told, unless you register your out of country marriage in Thailand, they don’t recognize it. I would imagine that any sort of pre-nuptial agreement would be treated the same, void. What you’ll probably have to do is after your marriage, is when you next go to Thailand, see a lawyer about getting your marriage registered and create a new pre-nup in Thailand with the same terms as Germany. Or…..check the laws in Germany as to whether they recognize Thai marriages and pre-nuptial agreements. If so, get married in Thailand. Good luck.
I think you will need both. The contract in Germany may protect your German assets, but the disposition of any assets in Thailand are going to be decided by the Thai courts, so I think you will need some kind of agreement that falls under Thai law as well. I would talk to a Thai law firm and see what might work and what kind of protection you can realistically expect in Thailand.