Prenuptial in Thailand is an important document for any couple planning to marry. Not only does it provide financial protection in case of divorce, it can also save you money on legal fees.
A Thai prenuptial agreement is a legal contract between two people that lists all of their property and specifies what each person’s property rights will be after the marriage. It is normally prepared by a lawyer and can be notarized and legally registered.
The benefits of a prenuptial agreement include that it prevents unnecessary disputes over ownership of certain items in case the marriage is later dissolved and it can help proof among other things what each party brought into the marriage.
It can be a great asset in cases where both parties have substantial assets and properties. The division of these assets in case of marriage dissolution can be managed equitably and fairly.
A prenuptial agreement can be prepared by a specialist Thai law firm that specializes in family and matrimonial law. They will be able to prepare the contract according to your requirements and ensure that the documents are notarized and authenticated by the Ministry of Foreign Affairs.
The first benefit of a prenuptial agreement in Thailand is that it prevents unnecessary disputes over ownership of property in the event of a divorce. This is because everything that a party owned before the marriage remains personal property during the course of the marriage under Thai matrimonial laws (section 1471 civil and commercial code).
By putting the assets into a prenuptial agreement a couple can easily prove what they brought into the marriage and avoid unnecessary arguments over ownership in the event of a future divorce.
This is particularly helpful for couples of different nationalities who may not have all of their property in their native country. A foreign couple should always consult with a local legal expert who will be able to help them create a suitable prenuptial.
Another major benefit of a prenuptial agreement is that it can specify the division of assets in the event of a marriage dissolution. All marital assets must be liquidated and common property divided equally in a divorce, but if there is any doubt whether an asset should be classified as marital or personal then this will be stated clearly.
The division of these assets will be managed equitably and fairly as long as they are listed in the prenuptial agreement.
A prenuptial agreement is a useful tool for couples who have significant properties and assets in Thailand and who want to ensure that their financial plans are well thought through and can be managed fairly in the event of divorce or any other legal complications. A dedicated legal firm specializing in family law and marriage registration will be able to draft a prenuptial agreement that is tailored to your needs and that can be notarized and legally registered as needed.
In most situations a prenuptial agreement can be entered into after the wedding but it is recommended to get one written and signed before the marriage. This will ensure that the terms of the agreement are valid under Thai law and in case of divorce can be upheld by the courts. It should be signed and dated by both parties and have at least two witnesses present.