A Thai prenuptial agreement is a contract that outlines both partners’ assets, debts, and rights to certain assets in the event of divorce. This document is governed by the Thai Civil and Commercial Code, so it is highly advisable to have the assistance of a lawyer when drafting one. Nevertheless, many couples draft their own agreements themselves, so it is important to know what to look for in a prenuptial agreement.
Importance of a Prenuptial Agreement
Whether you live in Thailand or not, a prenuptial contract can help you prepare for your future life together. These agreements are often drawn up in advance of a marriage, and require full disclosure of both parties’ assets and liabilities. Thai law requires that the parties each have their own attorney when drafting a prenup, and the prenup can replace certain provisions of Thai family law.
The importance of a Thai prenuptial agreement in Thai law is twofold: it protects your personal property during the marriage, and it helps avoid unnecessary disputes over which spouse owns certain items. Additionally, a prenuptial agreement can help you prove to the courts that you brought certain personal property into the marriage. If you are divorced, a prenuptial agreement will prove that you brought certain assets into the relationship, so you don’t have to fight over who owns them.
How do I get a prenuptial agreement in Thailand?
A Thai prenuptial agreement, commonly called a prenup, is a contract between two people who are planning to marry. It details the assets and liabilities of each party and spells out what each will do with them if the marriage ends in divorce. These agreements are drafted using the Thai Civil and Commercial Code, which requires the assistance of a legal adviser with knowledge of Thai law.
In Thailand, couples may specify which of their personal properties will remain theirs during the marriage. They may also stipulate what will happen to their finances during the marriage. However, there are few restrictions on child support. A prenuptial agreement must be drawn up by an attorney with experience in this area to avoid conflict. In Thailand, couples can get prenuptial agreements to specify what they want and who will get what.
Prenuptial Agreement Requirements
The Civil and Commercial Code of Thailand contains a section 1469 which prohibits the alteration of a prenuptial contract after the marriage is registered. Changing the prenup will require the approval of a Thai court. Underage couples must also get the consent of their parents, guardians, or legal representative before the marriage. In addition, the prenup must specify who is responsible for which debt. The husband will be responsible for any debt incurred while pursuing his education. The wife’s debts are primarily those related to business.
Thai prenuptial agreements are required to be signed by both parties. If the couple lives abroad, both parties must have attorneys representing them. It is not a good idea to present a prenup the week before the marriage. It is better to present the idea long before. If the couple has not yet met, it is best to bring up the prenup idea long before the wedding. The Thai government has strict rules regarding the subject.
