Whether you are married for the first time or you have been married several times before, a prenuptial agreement in Thailand can be a great way to protect your assets and ensure that your children will benefit from any assets you acquire during your marriage. It can also help you to avoid costly property disputes during a divorce.
What is a Prenuptial Agreement
A prenuptial agreement is a written contract, signed by both parties. It lists the assets and debts of both parties, and outlines the disposition of those assets in the event of a divorce. It is generally drafted by a lawyer specializing in family law. It is signed by two witnesses, and must be registered in the government’s marriage register.
A prenuptial agreement in Thai law is governed by the Civil and Commercial Code section 1465. The agreement may also include conditions for termination in case of a child’s birth or ten years of marriage. The agreement can also state that the deceased spouse is only a “shareholder” in the business. Normally, the attachments to the agreement should include significant financial information such as assets and debts that are currently owned by the parties.
A prenuptial agreement is generally required for all marriages in Thailand. It can also give sole management of certain jointly owned assets to one spouse. It is important to consult a lawyer prior to drafting a prenuptial agreement to ensure that the agreement is properly written. This will also help to avoid future litigation.
Benefits of Having a Prenuptial Agreement
It can be used to protect business interests, ensure that children receive any assets they acquire during the marriage, and prevent disputes over the ownership of property.
A prenuptial agreement can protect business interests in Thailand in the event of the death of one of the spouses. For example, the prenuptial agreement may state that the deceased spouse has waived all rights to his or her business. The business may then be run by the children of the deceased spouse. This is a good way to protect business interests for future generations.
Requirements for Prenup
A prenuptial agreement in Thailand must be written in the Thai language, and it must be registered with the government’s marriage register. It must also be accompanied by a written statement of the balance of the assets of the parties. The prenuptial agreement is considered void if it does not comply with the Thai law. The agreement also cannot be against the morals of the parties.
If you are planning to marry a Thai person, you should consult a family lawyer in your home country before drafting a prenuptial agreement. The lawyer can ensure that the agreement is properly written and will protect your interests. A prenuptial agreement will not affect the rights of third parties, but it may give the parties more control over their properties in the event of a divorce. It may also allow the business owners to have a say in the business.
A prenuptial agreement in the Thai language is a private Thai contract that must be registered at the same local district office as the marriage. The contract is governed by the Civil and Commercial Code, and the terms must be clearly written in order to avoid legal complications.