A Prenuptial Agreement in Thailand is a contract made between two people before they are legally married that lists all the properties each person owns and indicates their property rights after marriage. The agreement may also outline how assets will be split in the event of divorce.
A prenuptial agreement is typically created by wealthy couples and those who plan to marry in the future, but it can be used by any couple who wants to protect their assets during a marriage. It can also be useful to protect the property of children from a previous marriage, and it can reduce legal expenses in the case of a divorce.
Benefits of a Prenuptial Agreement in Thailand
A Thailand prenuptial agreement can provide many benefits to a husband and wife who are planning for a future marriage. One of the main benefits is that it can ensure that all personal property owned before the marriage is held in the name of each partner. This is a particularly important consideration for people who have children from a prior marriage, and for those who own significant personal assets such as property or shares in businesses.
The other major advantage of a prenuptial agreement in Thailand is that it can prevent unnecessary arguments over ownership of personal property during a future divorce. This is especially important when a marriage ends in a divorce and there is no possibility of the parties being able to prove that they brought the items they claim to own into the marriage.
In the event of a divorce, the court will decide who owns what assets and will allocate them accordingly. However, this process can be time-consuming and expensive. A Thai prenuptial agreement can head off this problem, saving you money in the long run.
Unless you are married to a foreign national, the law of your country of origin will apply if there is a conflict between the Thai law and your national law during the marriage. Hence, it is best to seek independent legal advice before the wedding to ensure that all of your legal options are fully explored.
A valid prenuptial contract must be in writing, signed by both spouses in front of two witnesses and registered together with the marriage. This must be done before the marriage is registered and must be attached to the marriage certificate (the marriage register). A prenuptial which has not been properly registered and is not noted in the marriage register is void under Thai law.
It is recommended to make a list of your significant personal assets at the time of your marriage and keep written evidence of this, as well as the details of any debts you have. This will help you to make a more accurate balance of your assets at the time of your marriage and will be very useful in any divorce proceedings if you are married to a foreign national.
If you are married to a foreign national, it is best to seek independent legal advice for a prenuptial agreement before the wedding. The legal advice you obtain from an experienced family lawyer will ensure that the contract is drafted in line with your needs and that the agreement is valid under Thai law.
