If you are planning to marry in Thailand or intend to re-marry, you may want to consider a prenuptial agreement. A prenup can help to resolve disagreements and protect your assets in the event of a divorce.
A prenuptial agreement is a contract entered into before marriage, which lists personal property of each party and establishes rights and responsibilities regarding management of the properties during the marriage. It is a document that must be in writing, signed by both parties and registered in the Thai marriage registers together with the registration of the marriage.
Drafting Prenuptial Agreement in Thailand
A Thai prenuptial agreement must be drafted by a legal representative who is a member of the Law Society of Thailand and is qualified to practice family law in Thailand. It must be drafted in the proper language and signed by both spouses.
The most important benefit of a Thai prenuptial agreement is that it can clarify the division of assets in case the marriage is dissolved. This ensures that assets are divvied up fairly and equitably and prevents unnecessary disputes between spouses in the event of a divorce.
For example, a prenuptial agreement can state that if the couple owns a business, the business will be divided equally between the husband and wife in the event of divorce. This is beneficial for anyone with a business or who has invested in it, as they will know what to expect in the event of a divorce.
Another benefit of a prenuptial agreement is that it can also protect your assets from your partner’s debts. This is particularly useful if your spouse-to-be has significant debts or a poor financial history. If you don’t have a prenuptial agreement in place, you could end up inheriting these debts when you divorce.
In Thailand, prenuptial agreements can also be used as evidence in divorce court proceedings. Especially for those who have significant individual assets, such as private homes or properties that they acquired before their marriage, a prenuptial can be very helpful in settling disputes over ownership of these assets.
There are many benefits of a well-drafted prenuptial agreement in Thailand, and you should discuss your situation with a lawyer experienced in drafting them to determine the best way to address your needs. A lawyer with a specialty in family law will be able to draft a prenuptial that will be legally binding in both your home country and in Thailand thereby giving you the utmost protections for your assets, investments and properties.
A prenuptial can also be a useful tool for addressing matters of children from previous marriages or other dependents of either party. Without a prenuptial, all your belongings automatically go to your spouse when you die and you won’t be able to specify which items of yours should go to whom.
One of the first things that a lawyer should do is to check the laws in both your home country and in Thailand before drafting your prenuptial. This is important because some countries, such as England and Wales, do not enforce prenuptial agreements, while others have a system for enforcing these contracts that can be very useful.