Pro's and Con's of registering marriage

**Nawty** · 05-09-2008, 04:52 PM

Great thread, this subject has been coming up in my house recently, so timing perfect.

I asked my lawyer about this stuff also and some of my thoughts below.

As for ownership of land, the wife still can own land, married or not, your surname or not.

Where the problem pops up is once the land department sees a foreign surname, it is entirely up to them, but by law they are obliged to investigate the situation, see recent Nation article below.

Now, this seems to be more in line with if you are going to be developing a block of land or a company is involved, but from all my feedback it is relevant for any land purchase.

I am reluctant to do it with my missus for this reason, we intend to buy and sell and build some more and I do not want the interrogation associated with it if we can get away with it by simply either not being married, or not registering it. After all we have been together for 11 years, in my view stronger than many formal marriages, certainly stronger than my previous one in Oz. But she does not see it that way….slap.

You will be asked to sign your life away re any dues to the land at the land office if a foreigner is involved through marriage. We have bought 2 blocks of land here and did not have to do this.

The other already mentioned point is the Will, is automatic if something happens by accident tomorrow, otherwise it goes to her family and not you if not married and no will.

Another point is responsibility for debt. My lawyer explained it like this…I had been previously told that you are 100% responsible for ALL debts incurred by your wife. This apparently is not true.

You are responsible for any debts incurred that are seen to be to the mutual benefit of yourself and or the family, children etc, not in-laws. For example, if she borrows money for gambling….then you are not responsible for that, no matter if borrowed from a shark or a bank against property etc. If she runs up a c/c buying crap of no benefit to you or children, you are not responsible. But if she spent half of that c/c bill on paying household bills etc, then you are responsible for half of it, or possibly all dependant on the courts decision as to who benefited most and probably who can afford to pay it back.

The other benefit is being able to borrow money together for a house or car etc. You cannot if not married, but you will be asked by the financial organization giving you the money to be solely responsible for it I believe, not 100% sure, but believe so.

Also as Ant mentioned, we have 2 kids with Oz citizenship and we did not have to show the mothers name as mine or marriage. Maybe kiwis are different like that…all the surnames sound the same…baaaaa

Re children and custody…I have not heard this so is of interest to me. However, I did go to family court a few years back and had my son recognized as legally mine. This was done for a vise purpose only. I use the documents every year in my application for visa and I should really get them translated one day to see exactly what they say. So I would wonder what would happen with my kids if what was quoted here is true, one being already recognized, the other not. I also believe it is greatly up to the courts decision and being a system where the judge is the oh wise one, up to him and I am told he goes by the simple fact of who can provide the best and secure home and future for the kids.

**DrB0b** · 05-09-2008, 05:24 PM

^There's an excellent resource here. It's a collection of reasonably detailed PDF documents regarding Thai Laws which most affect expats and includes some very good guides to the overall legal system in this country. Here are the links to the individual PDF files, at the least I'd recommend any foreigner living here to read the "Thai Legal System" and "Law of the Land" documents. From Tilleke and Gibbins.

Thai Legal System
Law of the Land
Thai Court System
Foreign Courts
Intellectual Property Rights Laws
Land Systems, Rules, and Regulations
Protecting the Environment
Working in Thailand
Guidelines for Business Organizations
Public Limited Company Laws
Fair Trade, Pricing, and Consumer Protection Practices
Finance-Related Laws
Factory, Petroleum and Mining Licenses
Labor Laws
Selling and Debt Collection
Bankruptcy/Restructuring
Telecommunications and Information Technology
E-Commerce
Taxation
Insurance
Maritime Claims
Malpractice/Personal Injuries
Other Legal Issues
Anti-Corruption Legislation in Thailand
Narcotics Laws

**klongmaster** · 05-09-2008, 05:42 PM

Originally Posted by The Fresh Prince

^I do that now. Saves me about 8,000 a month off my tax bill.

don't tell Scampy that...that's his bond money you're talking about...

**Nawty** · 05-09-2008, 05:46 PM

That first link got hit with my virus alert....infected

**DrB0b** · 05-09-2008, 05:50 PM

Originally Posted by Nawty

That first link got hit with my virus alert....infected

Really? What did the alert say exactly? That's the Tilleke and Gibbins web site, pretty respectable lawyers, not likely to be deliberately malicious (not without demanding a fee, anyway

). If there is something nasty there they'd probably appreciate a heads up.

**Nawty** · 05-09-2008, 06:16 PM

Some trojun thing popped up.

Not game to open again, last virus I got i near lost everything.

**Nawty** · 05-09-2008, 06:18 PM

Call me a sucker...I just clciked it again and got this...

BitDefender
This web page has been blocked by BitDefender Antivirus Real-time Protection!
The blocked web page included objects that were either infected or likely to be infected with a virus. Your system has NOT been infected.

**DrB0b** · 05-09-2008, 06:24 PM

^Fair enough. I got a warning about a pop-up window but nothing else. I block any active content by default. Pity about that, it's a good resource. The links I gave to the articles themselves should be OK, they're direct download links to the PDF documents and you can just right click on the links I gave and download the document directly.I'll remove the first link to the website, just in case.

**jandajoy** · 05-09-2008, 06:42 PM

Great thread and very well timed as I proposed marriage today. She's said YES!

We've been together a while and it seems like the right time.
Though I was wondering if one could sort of save the registering for later.
The whole thing is pretty scary really.
Twice bitten four times shy or what ever.

Well it's the discussion stage anyway agreement of the principals having been reached. It might take a while to work out the details.

**jingjoke** · 05-09-2008, 07:54 PM

Just downloaded all. No virus.
Thanks Dr Bob. The article on malpractice is timely too in that alledgedly Thai doctors are crying foul recently due to the proliferation of malpractice suits being brought against the medical profession.
While waiting for a Thai friend brought to the emergency room of a local government hospital I could not but notice three badly-mangled teens(possible m/c accident) lying nearby in rubberised guerneys deep in blood with not any of the dozen or so medical attendants attending to them or caring. In most western emergency rooms shouts of 'stat!!' would propel all possible medics and assistance to them. They were dying before my very eyes.

**The Fresh Prince** · 05-09-2008, 08:19 PM

Originally Posted by jandajoy

Great thread and very well timed as I proposed marriage today. She's said YES!

Congratulations Dude!

Nawty I didn't get time yet to read you whole post but I will later. Any chance you could flip that article and re post it my neck was starting to hurt.

**jandajoy** · 05-09-2008, 08:21 PM

Originally Posted by The Fresh Prince

Congratulations Dude!

Cheers mate.

**DrivingForce** · 05-09-2008, 08:55 PM

Originally Posted by jandajoy

Great thread and very well timed as I proposed marriage today. She's said YES!

We've been together a while and it seems like the right time.
Though I was wondering if one could sort of save the registering for later.
The whole thing is pretty scary really.
Twice bitten four times shy or what ever.

Well it's the discussion stage anyway agreement of the principals having been reached. It might take a while to work out the details.

Congratulations JJ YOU FOOL!

... Why would you want to go and mess up a perfectly good relationship by getting married??

**jandajoy** · 05-09-2008, 09:51 PM

Originally Posted by DrivingForce

Congratulations JJ YOU FOOL! ... Why would you want to go and mess up a perfectly good relationship by getting married??

Ah fck, I don't know. seems like a good idea. She's the most honest and loyal individiual I've ever had the pleasure to meet. Every one who meets her, be it here or in Aus or the UK says the same. She deserves some stability / security just for putting up with me. I think I also want to formalise things in my own head a bit.

Shit, I ain't getting any younger and she makes me laugh a lot. Not "at her" but "with her".

We'll see. Like I said, we've agreed in principal, now we work out the details.

Thanks very much though.

**Nawty** · 05-09-2008, 10:13 PM

how much is the dowry.....ask if it can be supplied in liquid form

**jandajoy** · 05-09-2008, 10:31 PM

^

No dowry at all mate. She's the one who's trying to save the satangs. I bought up the subject of sinsod and got a very firm responce.
"Money you and money me, for you and me. Not for outside people."

In conversation I've suggested a bit of a blow out, you know the thing. A few mates, a dozen cases of beer, a case of grog. Maybe some coyote dancers?

Kicked into touch in a big way, bless her.

She wants her Mum and some fish !

As I said, were discussing / negotiating the details..

Happy though

**DrB0b** · 05-09-2008, 10:31 PM

Originally Posted by Nawty

how much is the dowry.....ask if it can be supplied in liquid form

The mind boggles!

**jandajoy** · 05-09-2008, 10:33 PM

Originally Posted by DrB0b

The mind boggles!

"what would you like to drink?"

" LOTS"

Cheers

**DrB0b** · 05-09-2008, 10:34 PM

Originally Posted by jandajoy

^

No dowry at all mate. She's the one who's trying to save the satangs. I bought up the subject of sinsod and got a very firm responce.
"Money you and money me, for you and me. Not for outside people."

In conversation I've suggested a bit of a blow out, you know the thing. A few mates, a dozen cases of beer, a case of grog. Maybe some coyote dancers?

Kicked into touch in a big way, bless her.

She wants her Mum and some fish !

As I said, were discussing / negotiating the details..

Happy though

You got a good one, mate, I hope you deserve her

, all the best! (btw I just told the missus an acquaintance of mine is getting married so I have to celebrate, thanks to you I'm drinking QUALITY alcohol tonight, I owe you one

)

**jandajoy** · 05-09-2008, 10:35 PM

A pleasure and a priviledge to be of service to you Sir.

**The Fresh Prince** · 06-09-2008, 09:27 AM

Here you go, I spun it round my self as nawty was too bloody lazy

**jim1176** · 06-09-2008, 11:59 AM

Originally Posted by Texpat

You're not legally married until you register the marriage.

Should things fall apart this would be a big benefit

**Texpat** · 06-09-2008, 12:54 PM

Yes, I agree. Only get married when you're sure.

But don't pretend that you're married if you're not.

I suspect that's where the wonky term missus comes from. Never really heard it until I moved to Thailand.

Guys trying to make their girlfriends feel like more than girlfriends. They're not.

It's like being pregnant. You either are or you're not.

**chinthee** · 06-09-2008, 01:00 PM

One piece of advice for the benefit of your Thai wife, if you're going to live in Thailand. Don't have her change her family name to yours on her ID card. Every time my wife had to produce her ID, she got "oh, you're married to a farang," and lots of follow up useless questions. It annoyed her greatly, and got to be a real pain in the ass, or so she says.

However, it is better to have her change her name in her passport if you're traveling etc... However, they don't issue a new passport, they just put a stamp in the passport indicating the marriage.

**jandajoy** · 06-09-2008, 01:14 PM

Good advice guys, appreciate it.

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