Thailand prenuptial agreement, also known as “Thai prenup,” is a written contract between two people before they are married. It lists all of the assets and debts of both parties. It specifies what rights each person possesses to their properties and assets if their marriage ends in divorce.
No one wants their marriage to be filled with arguments or end in a divorce, but you’ll never know what will happen in the future. Therefore, to make everything clear and avoid arguments with your spouse during the marriage or even when you’re in the process of a divorce, a prenuptial agreement is essential.
There are several requirements to make a Thai prenuptial agreement under the Thai Civil and Commercial Code. Below is the list of requirements needed to follow through with the prenup:
The contract has to be in writing and in Thai.
Each party must receive separate legal counsel.
The parties have to sign the prenuptial agreement in front of two witnesses, at least 18 years old, before their marriage registration.
The prenup has to be registered at the same local office where they decide to register their marriage.
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Whether you’re marrying a Thai citizen or someone from another country, getting a prenup is essential.
You should think about including these things in your prenuptial agreement that you may overlook in your homeland.
Without a prenup, all of the assets you have or will acquire when you’re married will be equally divided. A prenup is a good way for you and your partner to maintain separate control over personal assets or property. For example, if you own a company and you don’t want to risk losing it in the event of a divorce, you can add it as a separate personal asset.
A prenup can also help if you or your partner has any debt. It can protect the other person from being responsible for the debt if the marriage ends in a divorce.
If you have children, whether from a previous relationship or with your current partner, a prenup enables you and your partner to determine the children’s financial inheritances and property rights if one day you get divorced.
Some items you can not include are visitation, custody, or child support in a prenup, but you can use the document to determine how your children will inherit assets and property.
The court usually establishes the alimony during a divorce settlement. However, the outcome may surprise you. Therefore, you need to play it safe and ensure you account for alimony payments when you create your prenup.
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Top tip: Understand what you need to include in your prenuptial agreement.
A prenuptial agreement offers you a financial plan that you can manage during the course of your marriage or upon divorce. It prevents significant disputes, especially if you have to split your assets with your partner.
The document is beneficial for married couples with substantial holdings in assets and property as it allows the division of assets to be managed equitably and fairly. Not just this but prenups will allow the couple to discuss and address their common vision, rather than lengthy battles in court.
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A prenup essentially protects all couples who have significant property and assets. To enhance the need for this form of a legal contract. Having a prenup in place is particularly important in the following scenarios.
You may get a better financial base than your partner. It would be better to protect your personal finances when you bond with someone and you may want to divide your personal finances from common finances.
You may own a business you don’t want to lose in the event of a divorce. With a prenup, you can make sure that you won’t lose your business even if you and your spouse seperate.
You can determine what asset or property your children will inherit.
If you or your spouse has a debt, a prenup can protect the other party from being responsible for the debt.
A divorce can be stressful, and you may want to get through it as quickly as possible. Hiring a lawyer can help you get through a divorce quickly, especially when children are involved.
We understand that every divorce is different, depending on whether you register your marriage in Thailand or not, if you have common assets with your wife, a prenuptial agreement, children together, or if you both agree to divorce or not.
The Thaiger can provide you with legal advice and assistance adapted to your specific situation.
It is not a requirement for a legal agreement, but substantial current financial information is usually included in the attachments to the prenuptial agreement registered at the time of marriage, it enforced by the Thai legal system. In any event, you should make a personal balance at the time to keep verifiable evidence.
To draft a prenup contract, It is in your best interest to use a form of prenuptial agreements, rather than fully designing one from scratch. you don’t get to see an attorney. Anyway, prenuptial agreements must still be checked and approved to be legally valid by an attorney.
The intention of a premarital agreement is to protect both parties from any potential eventualities. It’s like a business discussion, along the lines of how you can deal with your finances together. It can also outline financial objectives and priorities during the marriage. Even married couples may enter into contractual arrangements to solve marital financial problems.
Unless it is explicitly stated in the agreement, spousal abuse or adultery is not void. A custom marital contract can include an infidelity clause, but the implications need to be considered carefully. If one of the parties claims, or simply alleges, that the other party was unfaithful, both parties may be able to sue.
For good reasons, prenuptial agreements are becoming increasingly popular among newlywed couples. Debts, alimony, and assets will be divided ahead of time will save a lot of tension in the event of a divorce.
A prenuptial agreement may also relieve some of the tension that comes with marriage.