If you are planning on getting married to a Thai person and you are a foreigner, it is very important that you prepare for a prenuptial agreement before the marriage. A prenuptial agreement essentially lists all of the properties and assets that each person has. It also specifies what rights each person will have if the marriage ends in divorce.
Prenuptial agreements are a good idea for all couples who want to protect their property and assets. They also help prevent financial problems in case of a divorce or death of one of the spouses.
A prenuptial can be drafted by a professional such as a competent Thai family lawyer, solicitor or attorney who is well versed in the legal requirements of your home country and Thailand. A Thai prenuptial agreement is governed by the Thai Civil and Commercial Code so it is very important to seek expert legal advice from a qualified Thai lawyer or attorney.
The main purpose of a prenuptial is to list all the assets that each party has and specify what each person’s rights are in case the marriage ends in divorce or death. This document also lists any debts that both parties have and how these debts should be dealt with in the event of a divorce or death.
In Thailand a prenuptial must be written and signed before the marriage is registered at the district office and at least two witnesses need to be present. It must be in the native language of each party and at least one of the parties should prepare it themselves.
It is also necessary that the prenuptial agreement does not defy public morals and laws. If it does, the terms of the prenuptial will be considered against the law and void (section 1466 Thailand Civil Code).
When a couple is preparing for a prenuptial in Thailand, they should seek legal counsel from a firm specializing in drafting prenuptial agreements. A professional will be able to draw up the prenuptial based on each party’s unique needs and circumstances.
The benefits of a prenuptial in Thailand include:
First of all, it prevents disputes over property ownership in the future, especially in the event of divorce. If the spouses are not prepared to agree on a prenuptial, they may have to take their property and other assets out of the marriage or have it divided as part of the divorce.
Secondly, it outlines the potential division of marital property in the event of a divorce, which can be particularly helpful for foreigners with large assets or those who have inherited their spouse’s property and would like to prevent it from being divided during a divorce.
Thirdly, a prenuptial can protect your personal assets from your spouse’s debts. This can be very helpful if your spouse is in debt and has a weak financial background.
Prenuptial agreements in Thailand will also survive the death of a spouse. This is particularly beneficial for those who have children from a previous marriage and would like to ensure that their assets, property or money go to them after the death of the person signing the agreement.