Contrary to most countries, where the prenuptial agreement and its contents can cover a wide range of details, drafting a prenuptial agreement in Thailand will be focused only on the husband and wife’s personal and conjugal assets prior to marriage.
In the Thai Civil and Commercial Code, a pre-marriage contract in Thailand is covered under sections 1465 to 1469. The Civil Code (section 1533) requires all assets of the parties obtained subsequent to marriage and jointly owned to be equally allocated between both parties.
A major advantage for preparing a prenuptial agreement is to simplify any future divorce or disagreement that may occur between the husband and wife. The prenuptial agreement can help to keep divorce matters private for the couple if an earlier understanding is made. It is advisable to have knowledgeable and professional legal assistance in drafting a prenuptial agreement, bearing in mind the jurisdiction and laws of the country where the marriage is registered.
Essential details while drafting a prenuptial agreement in Thailand:
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