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Legal Entitlements of Thai wife in UK


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19 replies to this topic

#1 barnsleyman

Posted 16 January 2009 - 02:32 PM

Is a thai wife entitled to 50% of your estate & pension in England when divorced, ( legal civil marriage at amphur )

#2 britmaveric

Posted 16 January 2009 - 02:33 PM

Where are you located now and is wife with you?

#3 Bluecat

Posted 16 January 2009 - 02:41 PM

View Postbarnsleyman, on 2009-01-16 21:32:01, said:

Is a thai wife entitled to 50% of your estate & pension in England when divorced, ( legal civil marriage at amphur )

What is the meaning of Thai wife?
A wife is a wife, your obligations (legal and others) are the same whatever her nationality.

#4 yohan

Posted 16 January 2009 - 03:03 PM

There is no difference in British law, if your wife is a local or a foreigner, if she is living in UK or not. If you have property in the UK or a retirement allowance in UK, marriage registered under UK-law, she might claim a part of it.

Your marriage in Thailand should be registered somehow under British law, too  - for example by notification to the British Embassy in Thailand. Otherwise, how do the Thai Authority know, if you are really a single or, legally correct, divorced?

#5 barnsleyman

Posted 16 January 2009 - 03:07 PM

I live in Pattaya and I'm thinking about getting married this year. Why i've posted this question is because 3 yrs ago i had to fight tooth & nail to keep 100% of my superannuation pension after my English wife and I divorced (worked 30yrs in the coal mines ) and I don't want the same scenario in the event of my Thai marriage ending in divorce.  Also there's 2 forms of marriage in Thailand 1 The religeous ceremony which has no legal status or validity outside of Thailand or 2 civil ceremony with declerations from your Embassy and marriage performed at an Amphur in Thailand, which is a recognised marriage throughout the World

#6 yohan

Posted 16 January 2009 - 03:15 PM

This is the same story of many men...

If your marriage is registered in UK, and it will be with the clearance from your embassy, yes, the foreign wife is entitled for at least the same as your former English wife.

Pre-nups will not work in UK-courts.

Even for more, if there are children living with her - child support (not necessary that you are the biological father) and also alimony in her case.

Why to you want to marry? Any reason for that?

#7 กำนัน

Posted 16 January 2009 - 03:16 PM

Simple answer if you're concerned it will end in divorce...

Don't get married.

#8 Thehighlander

Posted 16 January 2009 - 03:25 PM

Dangerous game marriage in Thailand especially so if you register the marriage with the UK Embassy. I would really need to think hard about that one dipping my feet in the water.

#9 Bluecat

Posted 16 January 2009 - 03:30 PM

Indeed.
You get married to share your life with somebody, emotionally and financially.
Or that is as it should be.
And in Thailand, unfortunately, this is seldom the case for foreigners marrying Thai girls.
I mean even worse than in the western word... :blink:

#10 Stocky

Posted 16 January 2009 - 03:41 PM

I guess marriage is a "dangerous game" no matter who you marry, which makes it even more important that you do so after very careful consideration, as the old saying goes 'marry in haste, repent at leisure'.

Marrying a foreigner is even more fraught with potential misunderstandings and pitfalls, yet there is a seemingly an endless procession of Farang willing to marry a Thai lady after barely any time together, and even less thought.

So yes, you need to consider long and hard before making a commitment to marriage, because as Blue points out "a wife is a wife, your obligations (legal and others) are the same whatever her nationality."

#11 britmaveric

Posted 16 January 2009 - 03:43 PM

Well might be hard for her to claim anything if you stay in Thailand. However understand your caution, but not starting off the right foot if you are thinking that this might happen.

#12 barnsleyman

Posted 16 January 2009 - 03:45 PM

Thanks yohan for your advise,you've just confirmed what i thought, and Mandrunk ,please explain to me what a troll is,  i only posted what i thought was a reasonable question,   I've known this lady for 2 and a half yrs,and i've lived with her for 1yr in Pattaya,   my mates came out on holiday 5 months ago and we were discussing my Superann pension and she overheard (she's been attending school for 9 months and can now read,write, and speak English good )   If we marry in a civil ceremony, then she will be entitled to 66% of my pension when i die.I also think it would be selfish of me if i didn't bequeath it to her through marriage, and let it die with me ( I've nobody else to leave it to)  I know i'm going on a bit, but i want to get my points over.

#13 กำนัน

Posted 16 January 2009 - 03:48 PM

barnsleyman said:

please explain to me what a troll is
You're 'probably' not one... forget it.

#14 Bluecat

Posted 16 January 2009 - 03:56 PM

View Postbarnsleyman, on 2009-01-16 22:45:53, said:

If we marry in a civil ceremony, then she will be entitled to 66% of my pension when i die.

Are you sure?
This is something I have been trying to find out for quite some time, are you sure that your wife will get 66% of your pension if she is not the same nationality as you?
Not that automatic, as far as I know...

#15 Stocky

Posted 16 January 2009 - 04:03 PM

I'm guessing Barnsleyman is an former employee of British Coal, so yes his pension scheme allows for payments to a "legal widow/er" provided he made a family benefit contribution.

http://www.bcsss-pension.org.uk/

#16 Thehighlander

Posted 16 January 2009 - 04:16 PM

I f you had known her three years and she was from the UK, they would be looking at the common-law-wife scenario, this gives them the same rights as a normal wife or does it? English law and Scottish differ on this subject I think? As I am  from north of the border this might be different?

#17 yohan

Posted 16 January 2009 - 04:31 PM

View PostBluecat, on 2009-01-17 00:56:38, said:

Are you sure?
This is something I have been trying to find out for quite some time, are you sure that your wife will get 66% of your pension if she is not the same nationality as you?
Not that automatic, as far as I know...
It's complicated, I have to check for details regarding my own native country.

In Austria (EU) (I do not know about UK) there is for sure a pension for the widow/widower - pension regulations are gender-specific and different from EU country to EU country. No standard regulation.

I do not know how high, but there is a maximum of about euro 1700,-, - the rule says between 0 to 60 percent pf the pension when the spouse was still alive and depending how much the widow is earning out of her own income. There are reductions, if the widow has own independent income.

Yes, pension can be claimed by the widow/widower, regardless the nationality, regardless where she is living, if it is retirement in Austria (EU).

Edited by yohan, 16 January 2009 - 04:32 PM.


#18 barnsleyman

Posted 16 January 2009 - 04:53 PM

Bluecat, I telephoned British Coal Staff Supperannuation Scheme office in Sheffield yesterday and they said, I can fill in and e-mail a Rule 28a form, which is an official declaration form nominating my girl friend with her I.D. address  and bank details as a benificiary now, and when we marry ,send them a copy of the marriage certificate.  Then when she wants to make a claim,she's to send a copy of the marriage and death certificates and she will Automatically recieve 2 thirds of my Supperann pension for the rest of her life which is 66%   but she can't bequeath it , it stops when she dies.I think you should contact your pension provider, cos the rules may differ.   What i don't want is for her to want to marry me just for my pension,  but in all fairness,she asked and wanted for us to get married nearly a year ago,  and she didn't know anything about my pension then.  Yes you do think about divorce,when marrying again, when you've fought hard to keep what i've worked hard for down the pit 7 Nearly lost,   and without my pension i wouldn't be able to live in retirement here.  I've discussed  a pre-nuptial agreement with my g/f,(which is legal in Thailand,but not in the U.K.) and she says she will sign and agree IF and i mean IF we divorce she will not get my pension.

Yes stocky i worked down the pit for 30yrs,  the last 14 were as an official ( A Deputy) thats why i now get a Staff Supperannuation Pension which enables me to live in retirement in Thailand

#19 yohan

Posted 16 January 2009 - 05:06 PM

I think, before accepting or declining marriage, you should collect more information about your legal status.

Maybe you should work out a checklist, writing down all your open questions, and ask for opinions from various sources and collect them, print them out and read them carefully.

Do not hurry.

For sure, pre-nups are worthless in UK, and divorce-regulations are the worst worldwide. Worse than Canada, worse than Sweden or USA...

If you feel to be under time pressure, what about to agree to the non-legally binding religious ceremony first, to win some additional time?

Do not bring all your money into Thailand, if you have savings overseas.

If you want to buy real estate in Thailand like an own condominium, buy it and register it with your own name BEFORE marriage.

In case of divorce, IF the registration of your Thai condominium in the land office was done BEFORE your marriage then your condominium will be yours forever - the ex-wife cannot claim your rooms and kick you out like in UK/EU. She cannot even claim any compensation out of your property. SHE has to move out. Thai law seems to be quite clear in this legal matter.

I never heard anything about Thai cohabitation rights, marriage and cohabitation are still 2 very different matters in Thailand, not like in Europe, where after 6 to 24 months, depending on your country, cohabitation might be considered as marriage including child-support, alimony etc. etc.

Edited by yohan, 16 January 2009 - 05:10 PM.


#20 barnsleyman

Posted 16 January 2009 - 05:24 PM

Thanks yohan for your replies,much appreciated, i think i will go and see an English speaking lawyer and clear up a few points,  bye for now


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