Tag Archives: assets

US Divorce Has Lasted 17 Years

A 17-year legal fight between two US law professors over their divorce and continuing disputes has drawn criticism from judges who say the pair are setting a bad example not only to future divorcees, but to present and future law students.

The battle has seen both Christo Lassiter  and former wife, Sharlene Boltz call the police on the other, and both lose custody of their children. Many of the historic issues related to custody of the children, who are now 17 and 20 years old, whereas presents arguments center around money.

The date of the next hearing is September 6.

In Thailand divorce law, a divorce agreement, also known as a divorce settlement agreement, is a contract drawn between a divorcing couple that determines issues concerning the divorce such as: the division of shared property, child custody, visitation, alimony, and other marital issues. In general, in a court divorce case the parties may negotiate a settlement agreement with the assistance of a Thailand divorce attorney rather than pursue a full-on court divorce and wait for and accept a court judgment. In an uncontested administrative divorce at the Khet or Amphur the persons divorcing may also enter into a divorce agreement and have it made part of the official record.

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Marriage and Divorce in Thailand: When Love Turns Deadly

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Increased Use Of Prenuptial Agreements In England

Despite the fact they won’t become legal until late 2013/early 2014, the use of prenuptial agreements in the UK is increasing. Many couples were of the view that there was little point in entering into a prenuptial agreement as they would not be enforceable but in fact since a landmark case that was decided in 2012 upheld a prenuptial agreement, they are becoming more and more popular.

Because they are yet to be legally binding, English courts still retain a discretion whether to uphold an agreement or not. They will look carefully at when the agreement was drafted and in what circumstances. Therefore a prenup entered into in a short marriage where there has been no children is more likely to be upheld than when there has been a long marriage and personal circumstances are very different to when the terms of the prenup were decided.

Under Thailand prenuptial law, you may be able to specify the properties involved and separate them into two categories joint property and individual property. You can also specify how finances will be managed during the marriage. However, restrictions on child support are generally not allowed. If you are arranging an international marriage, then consideration should be given to hiring a Thailand attorney with international experience who will be skilled in drafting international prenuptial agreements.

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International Prenuptial Agreements: Conflicts of Law in the United States

European Prenuptial Agreements and the Hague Convention

Prenuptial Agreements in Japan – the Devil’s in the Details

The New Developments in the United Kingdom

Jurisdiction Issues With International Divorces

International marriages and divorces can become complicated.

Mrs Saward had met and married her British husband in Spain, but due to Spain’s unfavourable laws regarding split of assets, sought to divorce her husband in the UK.

Although a decree nisi was granted at first instance, it was reversed when Mr Saward appealed, arguing the UK courts  had no jurisdiction to hear the proceedings as he was no longer a UK resident.This shows how important it is to see specialised legal advice if you are considering entering an international marriage and how important it is to protect your assets.

There are issues concerning conflicts of law and the applicability of those laws. In the event of a divorce, where the marriage was registered will have an effect on which jurisdiction the divorce proceedings are heard.

For example, in Thailand international marriages your assets will be better protected as your marriage and Thailand prenuptial agreement are registered in Thailand. Prenuptial agreements are not registered in Western countries.

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Marriage and Divorce in Thailand: When Love Turns Deadly

Thailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?

Landmark Divorce Ruling Regarding Company Assets

The House of Lords, the UK’s Supreme Court handed down an important ruling yesterday in ongoing divorce proceedings between an oil tycoon and his estranged wife. The decision has been heralded as a landmark for other couples in a similar situation.

Mrs Prest argued that she was entitled to a larger settlement than she was being offered by her ex husband. The case concerned assets belonging to Mr Prest’s numerous companies. The presiding judges agreed with Mrs Prest and ordered that any properties at the centre of the dispute should be transferred to her.

The judges were quick to state that this case was fact specific rather than rule of thumb law.

However Mrs Prest’s legal team disagree and believe this ruling could be relied on by others in a similar situation and stop individuals hiding assets behind a “corporate veil”.

In our view, this ruling would be not unexpected under Thailand divorce law. We would expect Courts to pierce corporate veils to enable the discovery of all assets.

Sidestepping away slightly, it is interest to consider what impact does the judgement have on assets held outside its jurisdiction? Without a treaty of reciprocal enforcements of civil judgements has been entered into, most foreign courts are not bound to follow the judgements of others.

However even if such treaty exists, it may not in any event apply to divorce cases. Thailand for example has no treaty for reciprocal enforcement of foreign court judgements with any other nations. Therefore the only relevance this decision can have in Thailand is supporting evidence.

This case lastly, and perhaps most importantly, serves as a reminder that individuals must be fully aware of your rights under Thailand divorce law. It reminds us that there are individuals out there who think it is acceptable hide assets away from proceedings. It is important that individuals adopt measures to ensure they are full protected during divorce proceedings to ensure the playing field is levelled.

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 Relevant Articles: Thailand Divorce Law: Financial Considerations

                                              Marriage and Divorce in Thailand: When Love Turns Deadly