While a prenuptial agreement, also known as a prenup, does not sound romantic, it can be useful when filing for divorce. A prenup in Thailand is designed to list the property owned and debts assumed by each party. It details each party’s rights during the marriage. The Thai prenup is also referred to as a premarital agreement or antenuptial agreement in some locales.
Creating a Valid Agreement: The Steps You Need to Take
To create a prenup, you need to speak to a qualified lawyer, either in your country or in Thailand. This agreement follows the tenets established by the Thai Civil and Commercial Code. Therefore, you must make sure, when drafting the agreement that the following is done.
The contact should always be in writing.
Each party to the contract should hire separate attorneys.
Each party should sign the prenup contract in the presence of two witnesses. This should occur before the marriage registration.
The parties must register the prenup in the same location as the marriage registration.
The creation of a prenup is highly recognized in Thailand. If the agreement is translated into English, its enforcement is recognized throughout the world.
The Contract Must Be Registered
With that being said, your prenuptial agreement in Thailand will be null and void unless it is registered in Thailand before you get married. In the US and other Western jurisdictions, the contract is considered private and does not need to be registered with the government.
If you are from a foreign country and wish to marry a Thai woman and live with her in your home country, you need to secure the services of an international legal attorney. The attorney should have experience in divorce law and international jurisdiction legislation. He or she will help you comply with Thai law and your country’s laws so the contract remains valid.
Division of Property and Management of Finances
When drafting a Thai prenuptial agreement, you should define the properties involved and divide them into classifications, such as individual property and joint property. You should also define how marriage finances will be managed. Restrictions on child support are not permitted when outlining how the finances will be handled.
A prenuptial agreement or premarital contract is often advised for couples who have significant assets or personal property. Again, the agreement should be signed by both parties and added in the marriage register along with the marriage.
If you need the assistance of a family lawyer in Thailand, please contact us.