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Key aspects of a prenuptial agreement in Thailand:
Protect Your Assets
10/05/2023
Marriage is a beautiful union between two people, but it is also a legal contract that comes with certain rights and responsibilities. When two people decide to get married, they enter into a partnership that involves sharing their assets, property, and finances. However, sometimes, couples decide to protect themselves from potential financial risks or disputes by signing a prenuptial agreement.
In this blog post, we will explore the key aspects of a prenuptial agreement.
Key points
- A prenuptial agreement outlines how their assets, properties, and finances will be divided in case of a divorce or separation.
- Prenuptial agreements are valid and enforceable in Thailand, but certain conditions must be met for the agreement to be valid.
- A prenuptial agreement should include provisions for assets, properties, debts, liabilities, alimony, spousal support, inheritance, and child custody and support.
- To enforce a prenuptial agreement, both parties must abide by its terms and conditions, and the agreement must be fair and reasonable to both parties.
What is a prenuptial agreement?
A prenuptial agreement, or a prenup, is a legal contract that two people sign before marriage. It outlines how the couple’s assets, properties, and finances will be divided in case of a divorce or separation. The primary purpose of a prenuptial agreement is to provide clarity and certainty for both parties in case of a legal dispute.
Why should you consider a prenuptial agreement?
A prenuptial agreement can protect oneself from potential financial risks or disputes in case of a divorce or separation. However, it is important to understand that a prenuptial agreement is a legal contract with certain conditions and requirements.
There are several reasons why people should consider using prenuptial agreements before getting married. Some of the reasons are:
Protecting personal assets: A prenuptial agreement can help protect individual assets acquired before marriage, such as property, investments, or inheritance. In a divorce, these assets can be protected from being divided between the parties.
Clarifying financial responsibilities: A prenuptial agreement can establish how financial responsibilities will be divided during the marriage, such as household expenses, savings, and debts. This can help avoid conflicts or misunderstandings regarding financial obligations.
Protecting business assets: A prenuptial agreement can be useful for business owners or entrepreneurs to protect their business assets and interests from being divided during a divorce.
Avoiding lengthy and costly legal battles: Prenuptial agreements can provide a clear framework for dividing assets and debts, potentially avoiding lengthy and costly legal battles.
Providing security and peace of mind: A prenuptial agreement can provide security and peace of mind for both parties, knowing that their assets and finances are protected during a divorce or separation.
Overall, a prenuptial agreement can be a useful tool for couples to protect their personal and financial interests and provide clarity and certainty in case of a legal dispute.
Are prenuptial agreements recognised in Thailand?
In Thailand, prenuptial agreements are valid and enforceable. The Thai Civil and Commercial Code recognizes prenuptial agreements as legally binding contracts. However, certain conditions must be met for a prenuptial agreement to be valid. For instance, both parties must sign the agreement voluntarily, without pressure or coercion. Moreover, the agreement must be registered at the local Amphur office before.
So, What are ther key aspects of a prenuptial agreements in Thailand?
A prenuptial agreement can contain several provisions the couple agrees to follow during the marriage or in case of divorce. Typically, a prenuptial agreement should include the following provisions:
The division of assets and properties: The prenuptial agreement should specify which assets and properties belong to each party before the marriage and which will be considered marital property. It should also outline how the marital property will be divided in case of a divorce or separation.
How to split debts and liabilities: The prenuptial agreement should specify which debts and liabilities belong to each party before the marriage and which will be considered marital debts. It should also outline how marital debts will be divided in case of a divorce or separation.
Terms for alimony or spousal support: The prenuptial agreement should specify whether one party will receive alimony or spousal support in case of a divorce or separation. It should also outline how much alimony or spousal support will be paid and for how long.
How to deal with inheritance: The prenuptial agreement should specify whether one party will receive an inheritance in case of the other party’s death. It should also outline how much of the inheritance will be allocated to the surviving party.
Child custody and support arrangements: The prenuptial agreement should specify how child custody and support will be handled in case of a divorce or separation. It should also outline the responsibilities and rights of each party in raising the children.
How do you register a prenuptial agreement in Thailand?
When registering a prenuptial agreement in Thailand, the parties must sign the agreement in the presence of two witnesses, aged 18 years or older, at the same time of their marriage registration. Furthermore, the prenuptial agreement must be registered at the same local office (Amphur) where the parties register their marriage.
The prenup should be attached to the marriage certificate during the marriage registration.
Please note that if one or more parties are under 20, that person must receive consent for the marriage from a parent, legal representative, or guardian.
How do you enforce a prenuptial agreement in Thailand?
Both parties must abide by its terms and conditions to enforce a prenuptial agreement. In a legal dispute, the prenuptial agreement can be used as evidence in court to determine the division of assets, properties, and finances. However, certain conditions must be met for a prenuptial agreement to be enforceable. For instance, the agreement must be fair and reasonable to both parties and not violate any laws or public policy.
Moreover, both parties must fully disclose their assets, properties, and finances before signing the agreement. The prenuptial agreement may be deemed invalid or unenforceable if one party conceals or misrepresents their assets or finances. Thus, both parties must be transparent and honest in disclosing their financial situation.
Why having a prenuptial agreement lawyer is important?
A prenuptial agreement lawyer is important for several reasons. They provide legal expertise and ensure that the agreement meets legal requirements. They help protect individual interests and draft a comprehensive agreement covering all important aspects. Additionally, they negotiate and represent their clients during discussions and work to ensure enforceability of the agreement. Overall, a prenuptial agreement lawyer plays a crucial role in guiding clients, safeguarding their rights, and ensuring a fair outcome.
How can Belaws help?
For more information about prenuptial agreements in Thailand, why not talk to one of our experts now?
This article is for information purposes only and does not constitute legal advice.
Our consultations last for a period of up to 1 hour and are conducted by expert Lawyers who are fluent in English, French and Thai.
Consultations can be hosted via WhatsApp or Video Conferencing software for your convenience. A consultation with one of our legal experts is undoubtedly the best way to get all the information you need and answer any questions you may have about your new business or project.
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Frequently asked questions
What is the essence of a prenup?
The essence of a prenup, or prenuptial agreement, is to outline how assets, properties, and finances will be divided in case of a divorce or separation.
Can you put an infidelity clause in a prenup?
Yes, it is possible to include an infidelity clause in a prenup, but it should be done in accordance with laws and public policy.
Who benefits most from a prenup?
A prenup primarily benefits individuals who want to protect their personal assets, business interests, or inheritances in the event of a divorce or separation.
Why would a woman want a prenup?
A woman may want a prenup to safeguard her personal assets, business interests, or rights in the case of a divorce or separation, while providing a sense of security and peace of mind.
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