Prenuptial agreement – Explained.

A prenuptial agreement is a contract made between people before they are married. It lists the financial assets and property of both parties and states their entitlement to it once they are married. Thailand’s legal system is much more open to prenuptial agreements than many other countries but there are still some requirements that need to be met.

When drawing up a prenuptial agreement, it is important to seek the legal council of a lawyer/solicitor before preparing a prenuptial agreement with your fiancé. It is essential to give the following requirements full consideration, in order to ensure the agreement hold full legal standing under Thai law.

  • The contract must be in writing
  • Each party must receive separate legal counsel before any agreement is made
  • A Thai prenuptial agreement must signed in the presence of two witnesses before the administrative marriage takes place
  • A Thai prenuptial agreement should be registered at the local district where the administrative marriage is to be held

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When drawing up your prenuptial agreement a notarial attorney/solicitor can also help by:

  • Verifying the authenticity of signatures required in legal documents
  • Certifying the identities of those entering into an agreement
  • Ensuring oaths and affirmations hold a firm legal standing
  • Certifying the authenticity of documents
  • Acting as a credible witness when the agreement is signed

Those entering into a prenuptial agreement in Thailand will also need the contract authenticated by Thailand’s Ministry of Foreign Affairs or at the Embassy of the country in which you plan to present the agreement.

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