A prenuptial agreement is a document that provides an agreement on the financial arrangements between a couple during a marriage. It lists the personal assets of each party, and defines the rights of each in the event of a divorce. The document can be a great way to avoid potential disputes, and to ensure that marital property stays within the family.
Is prenuptial agreement legal in Thailand?
Prenuptial agreements are legally binding documents that are drafted before a marriage. They are also known as ante nuptial agreements or premarital agreements. These documents allow couples to discuss their vision for the future, as well as their financial goals. However, they must be written as a formal contract and registered before they can be used.
Before deciding on a prenuptial agreement, both parties should consult with a lawyer who is experienced in drafting prenuptial agreements. This lawyer can draft a prenuptial agreement that will be upheld by the court in the event of a divorce.
What makes a Thai prenup invalid?
In Thailand, prenuptial agreements must be drafted and signed by both partners in the presence of two witnesses. In addition, the document must be registered with the official marriage register. After the agreement is registered, the couple cannot change the terms of the agreement. If the prenuptial agreement is not upheld by the court, the couple may face significant problems in dividing their assets.
If the couple has children, they should include a child support agreement. Child support is a very sensitive issue in Thailand, especially for children born out of wedlock. Most parents ask their children’s father to make a commitment to provide financial support to their children. Typically, these child support agreements are recorded as part of the divorce paperwork.
Although there is no standard form for prenuptial agreements in Thailand, there are certain guidelines that must be followed. For example, the document must be written in both the husband’s and wife’s native language. Normally, it should contain a list of each partner’s personal assets, as well as debts. As with any other type of contract, changes to the agreement must be in writing.
Is Thai Prenuptial Agreement valid internationally?
A Thai prenuptial agreement can help protect your personal property in the event of a divorce. However, a prenuptial agreement can only be valid in Thailand if the terms are in line with the laws of the country. When drafting a prenuptial agreement, it is important to keep in mind that some states do not recognize the Thai law. For this reason, you should seek legal advice from an attorney with experience in the legal requirements of your home country.
Prenuptial agreements are governed by Sections 1465-1469 of the Civil and Commercial Code of Thailand. Unlike most jurisdictions, the prenuptial agreement cannot be amended after it has been registered.
Conclusion
Those who plan to marry a Thai woman should seek a professional legal advisor to create a prenuptial agreement. Alternatively, an international legal advisor can assist you in creating a valid prenuptial agreement. An attorney with experience in international jurisdiction legislation and divorce laws can advise you about what needs to be included in your prenuptial agreement.
