Thailand marriage law stipulates that the personal property of each spouse remains with the other during the marriage. Section 1471 of the civil and commercial code governs these marriages. A prenuptial agreement will often list the personal assets of each spouse. Moreover, some prenuptial agreements will grant sole management of certain marital assets to one spouse. Here are the most important things to consider when drafting a prenuptial agreement.
Benefits of a Prenuptial Agreement
As a married couple in Thailand, you may want to consider a Prenuptial Agreement. A prenuptial agreement will help you create a financial plan for your marriage, avoiding costly litigation and lengthy court battles. Thailand requires all couples to divide their assets equally, including the ones they own jointly. A Prenuptial Agreement will help you decide how you want to divide your assets.
In Thailand, Prenuptial Agreements are widely practiced. Thai prenuptial agreements have less restrictive clauses than their Western counterparts, making them recognized around the world when translated into English. To obtain a Prenuptial Agreement in Thailand, contact a reputable legal firm that specializes in prenuptial agreements. If you live in Thailand and are considering getting married, a lawyer can help you draft your document.
Thai Prenuptial Agreement Requirements
Increasingly, couples in Thailand are opting for Thai Prenuptial Agreement Requirement. This agreement allows them to decide who will get what property should their marriage break down. In Thailand, property ownership is categorized into two types – separate property owned by the husband and wife and communal property owned by the couple. Marital property, on the other hand, includes all property acquired during the marriage.
Before signing a prenuptial agreement in Thailand, you need to know the legal requirements that you need to fulfill. You should have a Thai family law lawyer draft it for you. The Thai prenuptial agreement must be signed by both spouses and registered at the same local district office where you will get married. This ensures that it will be recognized by the Thai courts and upheld in the event of a divorce.
Contents of Thai Prenuptial Agreement
The Thai legal system has specific laws governing prenuptial agreements. For example, a prenuptial agreement in Thailand cannot specify the use of foreign law in settling property. A prenuptial agreement is enforceable, but it must be related to the property system of Thailand. It cannot include a custodian or a clause relating to divorce or child custody. Regardless of how important the contents of a prenup are, it is always wise to have a lawyer draft one for you.
Unlike other types of prenups, a Thai prenuptial agreement is a private contract that outlines what will happen to the couple’s assets in the event of a divorce or death. The document must be fair to both parties. To be legally effective, each party should have their own attorneys and should ensure that the contents of the agreement abide by their morals. This way, the contract can be legally binding.
Thai Notarial Lawyer for Prenuptial Agreement
Before a Thai couple can get married, they must sign a prenuptial agreement. Such an agreement is legally binding in Thailand and is also recognized by the Thai courts. Generally, a prenuptial agreement must be in writing and registered at the same district office that registers a marriage. However, there are exceptions. If your prenup is not legally binding, you can try to sign a prenup with the help of a notarial lawyer.
Thai marriage laws allow a prenuptial agreement between a couple before the wedding, but there are certain requirements for such a contract. This document should list all financial assets and debts, and clearly state who will get what in the event of a divorce. In addition, a prenup must be related to property between the husband and wife. It cannot be related to a custodian, or the eventual divorce. Additionally, a prenup cannot conflict with moral goods or public order.