When preparing your Thailand Prenuptial Agreement, it is important to understand that it is subject to Thai law. This means that it must be fair and equitable. Furthermore, it must be registered with the marriage registration. If it is not registered, it may not be enforced in a foreign court.
The Thai Civil and Commercial Code
The Thai Civil and Commercial Code governs prenuptial agreements. They can be very advantageous for couples looking to protect their assets. Premarital agreements provide a clear definition of each partner’s rights to assets and can help couples avoid property disputes in the event of a divorce.
In Thailand, the Thai civil law dictates that prenuptial agreements must be fair and equitable. The agreement must state how the marital assets will be divided in the event of divorce. The laws in this country require a fair and equal division of marital property and will liquidate assets and debts upon dissolution. A prenuptial agreement will prevent any misunderstanding by clearly listing which property is yours.
Registered with the Marriage Registration
In Thailand, prenuptial agreements must be registered with the marriage registration office. Usually, prenuptial agreements contain significant existing financial information. These agreements must be registered at the same time as the marriage registration. They must be accompanied by written proof of the balance of the couple’s personal assets.
Cannot be Enforced by Foreign Courts
Prenuptial agreements in Thailand cannot be enforced by foreign courts. It’s not the only country that has different requirements for such agreements. If you are planning to marry someone in another country, you should consider getting a legal expert to help you draft your agreement. This will protect you from future litigation.
Must be Drafted by a Lawyer
In Thailand, a prenuptial agreement is mandatory. It protects the assets of one party in the event of a divorce. It also prevents property disputes. It is vital to consult a lawyer who can draft a suitable agreement.
Must be Registered in Thailand
To be legally binding, prenuptial agreements in Thailand must be registered and comply with certain requirements. For example, the agreement must be in Thai and specify how the assets and property will be distributed if the couple divorces. The agreement should also be drafted by a Thai family law lawyer. This is important for the agreement to be recognized by Thai courts and upheld if the couple splits up.