Married and a bun in the oven

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richard
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Married and a bun in the oven

Post by richard »

I have a friend who is seeking first hand information. He is trying to avoid legal advice from a lawyer as they prove to be expensive.

So here is his situation...........Not been in Thailand long. Met a Thai girl. Now gone through the village wedding scenario. Child on the way and is due in February.

Wants to know the implications of a Tessaban marriage certificate and authentication and recognition of his marriage by the British embassy. What about his assets? What happens if they split? What does he need to do about having the child in his name? and so much more.

I cannot advise him as not been through the process but I'm sure there are many hoops to go through and lots of red tape involved.

Any words of advice I can give him. Any warnings I can convey to him?

He's over the moon at the moment as now 42. Never been married before and has no children. His mother in the UK is overjoyed but I've seen relationships and especially with children involved collapse and become very painful. He intends burning his boats and selling up in the UK too

Tried to dislodge his 'rose tinted...' but to no avail

HELP please
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Re: Married and a bun in the oven

Post by Dannie Boy »

richard wrote:I have a friend who is seeking first hand information. He is trying to avoid legal advice from a lawyer as they prove to be expensive.

So here is his situation...........Not been in Thailand long. Met a Thai girl. Now gone through the village wedding scenario. Child on the way and is due in February.

Wants to know the implications of a Tessaban marriage certificate and authentication and recognition of his marriage by the British embassy. What about his assets? What happens if they split? What does he need to do about having the child in his name? and so much more.

I cannot advise him as not been through the process but I'm sure there are many hoops to go through and lots of red tape involved.

Any words of advice I can give him. Any warnings I can convey to him?

He's over the moon at the moment as now 42. Never been married before and has no children. His mother in the UK is overjoyed but I've seen relationships and especially with children involved collapse and become very painful. He intends burning his boats and selling up in the UK too

Tried to dislodge his 'rose tinted...' but to no avail

HELP please
He's lucky to have a friend like you Richard trying to help, but from the brief details you have provided, not long in LOS, meets a girl, gets married, baby on the way, selling up in the UK, no doubt bringing all his worldly goods with him, it sounds like a disaster waiting to happen. You probably know as much as I do on the subject (which isn't a lot), but what I dread/heard is that after marriage,the wife is entitled to 50% of the assets acquired since the marriage. Getting the Thai wedding certificate translated into English and affirmed at the British Embassy is fairly straightforward. My brother in law and his Thai partner (not married) had a baby and he managed to get her a birth certificate and British Passport - not sure how difficult it was but don't think it could have been too onerous.

I'm sure there will be others with greater knowledge hitting the keyboards any minute soon. :cheers:
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Re: Married and a bun in the oven

Post by advocate »

I would never sign a Thai marriage certificate, too many problems and expense if the relationship fails. She can get half of any assets acquired during marriage. So if he sells all in the Uk, gets married here, she can take half his assets here. I know ladies here who collect foreign husands and have built up a decent property portfolio this way.

He would be wise to keep his assets in the UK, rent a home only, not build or buy a house or business. At least for a number of years to see if she is only in it for the money.

The woman is presumed to have custody of any children born outside marriage. Even if he is named on the birth certificate, he has no parental rights. Best thing your friend can do is to adopt his own child, then the child can never be held hostage in exchange for money. Tell the gf it is in the best interests of the child for citizenship to your home country and she will likely consent.

Otherwise, if things go wrong, you will be extorted from to see your own child.

I know some will say I'm harsh, but I have seen many men get ripped off of their life savings and have to start over.
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Re: Married and a bun in the oven

Post by dtaai-maai »

42, newly married, baby on the way, and happy as a sandboy.
Good luck to him, say I. :cheers:
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richard
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Re: Married and a bun in the oven

Post by richard »

dtaai-maai wrote:42, newly married, baby on the way, and happy as a sandboy.
Good luck to him, say I. :cheers:

Need my eyes checked. Thought for a minute you said Sandman :laugh: :laugh:
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Re: Married and a bun in the oven

Post by STEVE G »

He would be wise to keep his assets in the UK, rent a home only, not build or buy a house or business.
Those are pretty much my thoughts as well, give it a few years before taking the plunge. If he has property in the UK, rent out that and rent a house in Thailand to live in at no large risk.
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Re: Married and a bun in the oven

Post by advocate »

He should put any vehicles he buys in his own name. If she says he is not allowed to do so that should raise a red flag.

If he insists on signing marriage papers, and buying property, best to buy the property before marriage and put it in a company name.

Anything he puts in her name she will consider to be 100% her property, and there will be a long expensive court battle to even get back half.
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Re: Married and a bun in the oven

Post by BaaBaa. »

To have the kid in his name the hospital will need to see his passport or a copy of, that's it.

That's all I needed. My lads got his British passport etc.
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Re: Married and a bun in the oven

Post by advocate »

BaaBaa. wrote:To have the kid in his name the hospital will need to see his passport or a copy of, that's it.

That's all I needed. My lads got his British passport etc.
This is correct, but it gives you no rights under Thai law.
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Re: Married and a bun in the oven

Post by BaaBaa. »

advocate wrote:
BaaBaa. wrote:To have the kid in his name the hospital will need to see his passport or a copy of, that's it.

That's all I needed. My lads got his British passport etc.
This is correct, but it gives you no rights under Thai law.
Wasn't intended too. He's got my Surname and a Brit passport. Sorted.
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Re: Married and a bun in the oven

Post by advocate »

BaaBaa. wrote:
advocate wrote:
BaaBaa. wrote:To have the kid in his name the hospital will need to see his passport or a copy of, that's it.

That's all I needed. My lads got his British passport etc.
This is correct, but it gives you no rights under Thai law.
Wasn't intended too. He's got my Surname and a Brit passport. Sorted.
If that's all you want and need then it is sorted for you.

I think the OP being familiar with his friend and the gf, is worried his friend will be scammed. Children are often used as leverage in divorce actions.
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Re: Married and a bun in the oven

Post by malcolminthemiddle »

Ah the pros and cons of a registered Thai marriage, that old chestnut. Putting aside personal opinions here's a couple of pros to add to.

Pros

Right to stay in Thailand based on marriage for under 50s.
Child will be legitimate.
Facilitate visas for wife and child travelling or living outside Thailand
Wife gets only 50% of assets accrued after marriage.
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Re: Married and a bun in the oven

Post by aragon »

Dannie Boy wrote: My brother in law and his Thai partner (not married) had a baby and he managed to get her a birth certificate and British Passport - not sure how difficult it was but don't think it could have been too onerous.
I could be wrong (again!!), but normally doesn't a foreign national have to reside in the UK for 5 years before being eligible for a UK passport??
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Re: Married and a bun in the oven

Post by caller »

The baby is not a foriegn national.
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Re: Married and a bun in the oven

Post by blue05 »

aragon wrote:
Dannie Boy wrote: My brother in law and his Thai partner (not married) had a baby and he managed to get her a birth certificate and British Passport - not sure how difficult it was but don't think it could have been too onerous.
I could be wrong (again!!), but normally doesn't a foreign national have to reside in the UK for 5 years before being eligible for a UK passport??
as long as one of the parents is British , a British Passport can be issued. The child can have dual passports until 18 then a decision has to be made as to which passport they want thereafter
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