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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a Thai partner,if we did get married and eventually

Customer Question

I have a Thai partner,if we did get married and eventually split up would she be entitled to half of everything.Since we met she has had no job and has no savings.
Submitted: 2 years ago.
Category: Family Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Thanks for your question. My name is Tony, I can assist with this.

tdlawyer :

The answer to your question is likely to be yes: although the courts do consider a variety of factors, this is likely to be the starting point should you later break up and seek divorce.

tdlawyer :

The idea is that the parties are left in an equal standing where possible, to ensure fairness, which as you say, could mean she gets half of everything. However, a court does not have to spilt things 50:50.

tdlawyer :

There is a useful summary of the guiding principles here: http://citywire.co.uk/money/divorce-who-gets-what-in-the-break-up/a420044/2

tdlawyer :

It's potentially possible to lessen the effect by using a pre-nuptual agreement, where you agree before you get married as to who gets what if you break up.

tdlawyer :

These are not automatically enforceable in English law, however, recent cases suggest the court is much more willing to consider them when working out what is fair on divorce.

tdlawyer :

Does this answer your question?

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
In fact the answer is - that depends on how long your relationship lasts and whether or not there are any children
If you separate within the first two years and there are no children then the court will simply try and return each of you to the position that you were in prior to the marriage - although the fact that she has left her homeland to live here would mean that you would be expected to provide a lump sum to allow her to find rented accommodation and potentially job training.
After that two years then her claim on the assets begins to increase - until once you have been married for 20 years 50/50 is the least she will get
Children will also complicate the matters as their housing needs take priority.
You should also be aware that co-habitation prior to the marriage counts when assessing how lang you have been together
I hope that this is of assistance
Clare

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