Prenuptial agreements in Thailand provide a financial plan that can be managed through the course of a marriage and upon dissolution (divorce). They also minimize expensive divorce lawyer fees.
A prenuptial agreement defines one party’s separate property, and establishes and documents their debt before marriage. It is enforceable under Thai Family Law, and can be changed or terminated after registration of the marriage.
Prenuptial Agreements for Foreigners
A prenuptial agreement is a written contract made by people planning to marry. It lists their property, debts and assets and states the rights they will have in case of divorce or death. It is a useful tool for couples who have substantial assets and properties and want to control the division of these assets in the event of a divorce.
The prenuptial agreement is a legal document that guarantees that assets acquired by either of the two parties prior to marriage will remain in their possession unless specified otherwise. It also guarantees that any debt acquired by a couple before marriage will not be regarded as part of their marital property. It is important that this agreement is drafted by an experienced lawyer to ensure that it is valid and enforceable under Thai law.
For US CITIZENS, a prenuptial agreement is valid in all 50 states under the Uniform Premarital Agreement Act. The law in Thailand is slightly different but a well-drafted prenuptial agreement can be enforced. For UK CITIZENS, the law is more complicated but a properly drafted prenuptial agreement can be effective in Thailand.
Another reason to draft a prenuptial agreement in Thailand is to protect one’s assets from the other spouse’s debts. If your spouse-to-be runs up a credit card bill that you weren’t aware of, it can result in debt collectors seizing the couple’s joint assets. A prenuptial agreement can prevent this from happening by assigning debt to the appropriate spouse in the event of a separation or divorce.
A prenuptial agreement can be a difficult topic to discuss but it can save heartache and money in the long run. Without a prenuptial agreement, assets that you worked hard to acquire will be distributed by the state and may not be fair for both parties. It is best to get an attorney on your side before it is too late and you have to fight for what’s rightfully yours.
Drafting a Prenuptial Agreement for Foreigners in Thailand
A prenuptial agreement (also known as a prenup or antenuptial agreement) is a legal contract prepared by two people before marriage that lists all of their assets and debts, and states their rights in the event of divorce or death. It is generally enforceable in Thailand if it meets certain requirements. For example, it must be in writing, signed by both parties, witnessed by at least two people, and incorporated or annexed to the Marriage Register at the time of registration. It also must not contain any provisions that are against public order or good morals, or that conflict with Thai law.
A well-drafted prenuptial agreement should help protect a person’s personal assets and property in the event of a divorce, and may also lower the litigation fees involved. However, it is important to have an experienced Thai family lawyer draft the contract to ensure that it is upheld by the courts and is in accordance with local laws.
When you work with a qualified legal professional, they will carefully listen to your situation and needs and create a custom prenuptial agreement that is tailored to your unique circumstances. They will also assist you in registering the prenuptial agreement in the Marriage Registry and ensure that it is properly documented.
As a foreigner planning to marry in Thailand, it is important to have a prenuptial agreement in place to ensure that your assets are protected in the event of a divorce. A team of lawyers specializing in family law can provide you with the assistance you need to understand and implement a prenuptial agreement that meets all of the required legal standards in Thailand. Contact a legal professional today to get started. They can guide you through the process and have your prenup ready in just a few business days. The first consultation is often free of charge. Legal offices can be found in various locations, including Bangkok, and remote assistance is also available if needed.
Getting married in Thailand can be a paper chase if you dont know how to