Preparing a Prenuptial Agreement in Thailand

If you plan to marry a Thai national, you may want to consider preparing a prenuptial agreement before the wedding. This can help you protect your assets and avoid unnecessary disputes in the event that your marriage breaks down.

Thailand has strict laws regarding prenuptial agreements and it is important to get legal advice from a Thai lawyer or attorney that knows the laws in your home country and in Thailand before you make any arrangements with your future wife. A prenuptial agreement is a document that states how assets will be divided in the event of divorce.

Many couples who are getting married in Thailand will choose to prepare a prenuptial agreement. This can be particularly helpful for those who have significant assets or personal property to protect in the event of a divorce.

It is important to note that a prenuptial agreement in Thailand cannot be enforced against any foreign law, nor can it make provisions regarding child custody or support. This is because courts in most countries have a statutory duty to judge a divorce case based on the best interests of the children involved.

You should also be aware that if you have property in Thailand and want to protect it from your Thai fiancee’s creditors, it is essential that you seek legal advice before you get married. If your property is not adequately protected, it could be seized by your Thai fiancee’s creditors during the divorce proceedings.

A prenuptial agreement in Thailand can be drafted before the wedding and can be signed by both parties and two witnesses. The agreement must then be registered in the local marriage register and should include all relevant details, such as property division, if it is needed.

This can ensure that your property is not seized in the event of a divorce, and can also be used to prove ownership of your property in the case that you are unable to prove that you own it. In addition, a prenuptial agreement can be beneficial for those who have an investment in Thailand and want to protect that investment in the event of a divorce.

If you are a couple who wants to draft a prenuptial agreement in Thailand, it is important that you work with a Thai family lawyer or attorney that understands the local laws and international jurisdiction legislation. It is also vital that you do not make any stipulations in the prenuptial agreement that are against public morals or laws in your country.

The content of a prenuptial agreement in Thailand is generally governed by sections 1465 to 1469 of the Thai Civil Code. Any unjust terms, or any terms which are considered against good morals in the Thai law, will be null and void.

There are several other requirements that must be met in order for a Thai prenuptial agreement to be valid and binding under the law of Thailand. The contract must be sworn to by both parties and signed in front of two witnesses.

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