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The purpose of this guide is to provide an overview of the prenuptial agreement in Thailand.
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.
Let’s find out more about prenuptial agreements.
What is a prenuptial agreement?
A prenuptial agreement is a contract made between people before they are married. The contract lists the financial assets and property of both parties and states their entitlement to it once they are married.
The agreement made must be related to property between the husband and wife, and not about any other subjects, such as custodian or divorce. If the agreement conflicts with the public order or moral goods, it shall also be void.
What are the prenuptial agreement requirements?
According to the Thai law, there are certain requirements that must be met when creating a prenuptial agreement.
These requirements include:
- The agreement must be in writing
- The agreement must be signed by both spouses and by at least two witnesses
- Should be registered at the same local district office where the marriage is registered
- Each party must receive separate legal counselling before the agreement is made
How can a notarial lawyer help?
When drafting your prenuptial agreement, a notarial attorney/solicitor can 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
Foreigners entering into a prenuptial agreement in Thailand will also need to have the contract authenticated by Thailand’s Ministry of Foreign Affairs or at the embassy of the country you plan to present the agreement.
Changing the prenuptial agreement
Once the prenuptial agreement is enforced, that is after marriage, it can only be altered with the court’s consent.
Once the court’s order is final, the court will notify the Marriage Registrar of the change to have it entered in the Marriage Register.
If the couple changes the provisions of the prenuptial agreement without the court’s consent, it will be considered that the agreement has not been changed.
What are the benefits of having a prenuptial agreement?
Some benefits of a prenuptial agreement are:
- Protecting each spouse’s separate property
- Distinguishing what is marital property and personal property
- Detailing any special arrangements between your spouse
- To reduce money and time spent in court in case of a divorce
- Detailing a spouse’s debt so both spouses do not share debt liability
- Prevent disputes over property in the case of a divorce
Acclime are experts in family law. Our Thai lawyers offer a personalised service which will save you the anxiety and expense of any future legal problems regarding your marriage.
Contact Acclime today to assist in drafting your prenuptial agreement and ensure agreement is valid.
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