February 14, 2024

Drafting Prenuptial Agreement in Thailand

A prenuptial agreement can be very helpful in protecting personal assets and preventing unnecessary disputes should the marriage end in divorce. Moreover, it provides proof of ownership for each party’s properties and could also provide rights to management for marital property such as land in accordance with section 1476 of the Civil and Commercial Code.

Legal Requirements

In Thailand, a prenuptial agreement (prenup) is a legal contract between two people who plan to get married. It can specify how financial matters, including assets and debts, will be handled in the event of divorce or death.

A prenup is a useful tool for couples who have substantial existing assets or debts. It can prevent one person from taking on a partner’s debt or negative credit history if the marriage is dissolved.

Among the requirements of a prenup in Thailand are that both parties must enter into it willingly and without duress, and that both parties must fully disclose all of their current assets and liabilities. Prenuptial agreements that do not meet these criteria are invalid under Thai law.

A prenup can also help clarify expectations and improve communication with your spouse about finances before you marry. It can also prevent disputes over property or other financial arrangements in the event of a divorce.

Drafting a Prenuptial Agreement in Thailand

A prenuptial agreement in Thailand is a contract that lists all of your assets before marriage and specifies what your property rights will be in the event of a divorce. This is a legal document, and you should seek the advice of a family law lawyer who is familiar with Thailand law to ensure that it is drafted correctly.

In Thailand, prenuptial agreements must be registered before the wedding. This differs from the process in many Western jurisdictions, where the agreements are a private agreement between the spouses and do not require registration with the government. In order to register a prenuptial agreement in Thailand, it must conform to the Thai civil and commercial code.

In addition, a prenuptial agreement in Thailand must be drafted by both parties. This requirement prevents extremely one-sided provisions that depart from the laws governing management of marital property in Thailand. It is also important to consider that a prenuptial agreement in Thailand contains confidential and sensitive information.

Benefits of a Prenuptial Agreement

A prenuptial agreement, also known as an antenuptial agreement in Thailand, has several benefits for both parties involved. It allows for open communication and discussion of financial expectations as well as a clear legal arrangement in the event of a divorce or death. It can also be used to protect certain personal assets from creditors, a common problem for couples with significant assets.

A pre-marital agreement will also help avoid anticipated disputes over properties, as all properties owned by either spouse are enumerated in the contract. It will prevent the possibility of a conflict over assets acquired during the marriage, as these would be considered marital property under Thai law.

It is essential that the prenuptial agreement be drafted and registered with a qualified family lawyer who has experience in Thai law, particularly as it relates to the division of assets. Frank Tax Legal can assist in the preparation of a prenuptial agreement that is compliant with Thai law and can be enforced in the event of a divorce.

International Dimensions of a Prenuptial Agreement

A prenuptial agreement is often recommended for couples who have significant assets or property to safeguard. However, it should be drafted and signed in a way that is compatible with Thai family laws.

It should clearly state possible division of properties in case of a divorce. It must also be recorded in the Marriage Register together with the marriage. It can protect property from debt collectors who may be tempted to go after personal property if it is kept in the name of one spouse.

In a case of a divorce, the Thai law stipulates that any property or assets acquired prior to the marriage belong to the initial owner. Thus, the prenuptial agreement will prevent that foreigners’ property is claimed by their Thai spouses in a situation of a divorce or death. Using our downloadable template prenuptial with international elements and a choice for Thailand law will ensure that your rights and current assets are written down and will help to avoid unjustified claims by your future spouse in a divorce.

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