Prenuptial agreement.

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.

Prenuptial agreement

Prenuptial agreement for a marriage in Thailand.

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:

  • The terms and clauses entered in the agreement are not in violation of the Civil Code and are in good standing with the law
  • The parties entering into the contract need to acknowledge and sign the agreement before the marriage registration
  • It bears signatures from valid witnesses attesting that the parties have signed the agreement in person
  • The agreement must be written and submitted at the local district office during marriage registration

FAQ.

Is having a prenuptial agreement in place beneficial?

Having a prenuptial agreement in place can give some sureness to the parties if there is a divorce in the future. Finalizing your personal assets before marriage can be an essential instrument if you want to protect them, and want to enjoy financial security. Aside from this, divorce matters can be kept private between the parties.

Any important points to keep in mind when a prenuptial is needed?

Each agreement is drafted precisely according to individual circumstances and cannot be the same for all. The parties have to prepare information regarding their personal assets, sources of income and any valuables. Management and division of marriage assets can be agreed upon in the contract, including specifying ownership rights.

Are there any disadvantages to having a prenuptial agreement?

None. Having a prenuptial agreement in place can be an uneasy situation for both parties and will usually result in lengthy negotiations before it is signed. Each party has to reveal their personal and financial assets, which may require third parties to be involved during this process.

Are these agreements time consuming and costly?

Negotiation between parties can take time and details may vary depending on each circumstance. It is advised to plan ahead and have discussions regarding the details in advance of agreement, drafting and signing.Each party may request to have the agreement reviewed by their own lawyer as well to make sure everything is accurate before signing. Our fees for drafting the agreement vary depending on the complexity, but given what is at stake, we believe these fees are entirely reasonable.

Will the agreement be valid abroad?

This is dependent on the laws of the country where the parties are residing and may not be valid in all cases. Couples who have plans to move abroad, may seek legal advice from lawyers to make sure the agreement can be enforced in the country where they plan to reside. For couples planning to reside in Thailand, they may seek assistance to have their prenuptial agreement reviewed by an experienced lawyer and in most circumstances have an additional agreement drafted according to Thai law as well.
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