A prenuptial agreement (prenup) is a legal document signed by two people prior to marriage that details their personal assets and how these will be managed during the marriage. It also outlines responsibilities and can reduce conflicts in the event of separation or divorce.
A prenup must be drafted by an attorney, formally disclose all assets and liabilities and be endorsed at the time of registration. Many couples add independent legal advice to make the prenup enforceable in other countries.
1. Legality
A prenuptial agreement is a legal document that establishes the personal assets and rights of an individual prior to marriage. It also explains how those assets will be managed during marriage and handled in the event of divorce. This helps to prevent anticipated disputes involving property.
However, it is important to note that a prenuptial agreement cannot include provisions that defy public order and morals. In addition, both involved parties must fully comprehend the terms and be willing to agree on them. A prenuptial agreement can only be effective if it is signed in the presence of two witnesses before the wedding. It is then registered in the district office where the marriage will be registered.
The purpose of a prenup is to help avoid anticipated disputes about property – especially those that could arise after a divorce or separation. By ensuring that all personal assets are clearly documented and marked as separate, it prevents one spouse from making unjustified claims of shared property in the event of a split.
When a prenup is properly drafted and agreed on, it will be highly respected by courts in Thailand. This is particularly true if both individuals obtain independent legal advice (ILA) from lawyers who work only for them. This ensures that both parties understand the prenup and have been made aware of all the potential issues. It also demonstrates that the couple has considered the financial impact and acted in good faith, which can make it more likely to be upheld by a Thai court.
2. Duration
As in many countries, the terms of a prenuptial agreement can vary widely and can include issues such as debt allocation and spousal support. However, unlike most other countries, the Thai legal system only accepts a prenup that meets certain requirements. These require full financial transparency and the involvement of both future spouses who must fully comprehend the agreement before it is signed and registered at the time of marriage registration.
In addition, the contract cannot include any terms that go against public order and moral goods. Lastly, it is important to remember that the contract cannot include any provisions related to children. This is because it is illegal to bargain away rights that are granted to a child by law.
While the main benefit of a prenup in Thailand is to protect personal assets in the event of a divorce, it can also provide peace of mind for both parties during and after marriage. By clearly stating the ownership of each party’s personal property in the event of a divorce, a prenup will eliminate anticipated disputes and allow both spouses to avoid unjustified claims on their personal assets when the marriage is dissolved. If you are looking to draft a prenup, contact Acclime today for a personalised service that will save you future legal problems. We will prepare a legally binding document that is compliant with the Thai legal system and protects your interests in case of a divorce.
3. Contents
Prenuptial/premarital agreement in Thailand covers matters relating to personal assets of a couple planning to marry and their management rights. It cannot, in its content, eliminate the statutory system of property between husband and wife but it can modify the management over certain common properties. It can also clarify that debts and property owned by either party prior to the marriage remain their ownership. It cannot provide for or restrict any rights related to children, however.
A Thai prenuptial agreement (also known as a prenup, ante-nuptial or a premarital agreement) is a written contract created by partners who intend to get married. The document lists all of their property and assets and indicates what they would like to happen to their respective properties if their marriage is dissolved.
Having a well-drafted Prenuptial agreement in place helps prevent financial disputes and confusion that may arise during or after the divorce process. It is important for you to contact a family lawyer who is experienced in this area of law and can ensure the terms are legally binding and enforceable in court.
It must be clear, concise and understandable and contain full disclosure of all assets and liabilities. It must be signed by both parties and endorsed by two witnesses before marriage registration. It must also be submitted at the time of marriage registration and can be amended at any time after the wedding but only with the consent of both parties.
4. Signing
A prenuptial agreement, or pre-nup, is a written contract between future spouses detailing how personal and shared assets will be handled during marriage and in the event of a divorce. It’s a key tool to protect individual assets and reduce expensive legal disputes if the marriage ends in separation or divorce. Our attorneys will take the time to understand your needs and draft an agreement that is fair to both parties. We’ll also review the agreement with you to make sure that you fully understand its terms before you sign it. This ensures that the document will hold up in court and be enforceable in Thailand and other countries, where many laws differ.
A well-drafted prenuptial agreement can significantly reduce the cost and emotional stress of a separation or divorce in Thailand. However, you should be careful not to include any clauses that could be seen as limiting the rights of your children. Similarly, you should not agree to an agreement that imposes a punishment on your partner for cheating or chooses foreign law as the governing law of your marriage.
Prenuptial agreements in Thailand are governed by sections 1465 to 1469 of the Thai Civil Code. They can only deal with personal and marital property. They cannot go against public order or good morals, and they must be signed by both parties before the wedding with two witnesses and submitted to the registrar at the time of marriage registration.
