Thai prenuptial – Of Course, nobody wants to think about what could possibly go wrong with their happy relationship before marriage – but the sad fact is that many marriages do go wrong.
For this reason, pre marriage arrangement including protection of any individual assets should be carefully planned.
- Thai prenuptial – A prenuptial agreement is a written contract signed between two people before they are married. A “prenuptial” agreement usually comprises of the lists of property owned by each person (as well as any debts) and specifies what each person’s property rights will be in the event that their marriage fails. In some countries, a prenuptial agreement may be referred to as an “ante-nuptial agreement” or “premarital agreement.”
- A Thai prenuptial Agreement is governed by Thai Civil and Commercial Laws. It is advisable to seek counsel from a registered Thai family lawyer, attorney or solicitor with expertise in the laws of your home country and Thailand when preparing a Thai prenuptial agreement with a Thai fiancé(e).
REQUIREMENTS FOR A THAI PRENUPTIAL AGREEMENT
Under the Thai Civil and Commercial Code, there following requirements apply to the Prenuptial Agreement:
- The contract must be in writing.
- Each party must receive separate legal counsel.
- The parties must sign the Thai prenuptial agreement in the presence of two witnesses prior to the marriage registration.
- The Thai prenuptial agreement must be registered at the local district where the parties register their marriage.
THAI PRENUPTIAL PREPARATION PROCEDURES
TSL provides expertise Thai in family law including marriage registration (TSL “Marry Thailand” Services), Thai prenuptial, divorce, child custody and marital property.
TSL’s Expat and Thai lawyers, attorneys and solicitors will be able to draft Thai prenuptial agreements that are specific to your needs.
After authorization is received, a Notarial Service Attorney will:
- Verify the authenticity of signatures in a document;
- Certify the identity of parties to an agreement;
- Administer oaths and affirmations;
- Attest and certify certain classes of documents.
- Act as witness to the signing of parties to a document.
Thailand is not a signatory to the Hague Convention on Legalization of Foreign Public Documents, therefore parties that have engaged notarial services in Thailand may require authentication or legalization of the notarized document at the Ministry of Foreign Affairs of Thailand, or at the Embassy of the country to which the document is to be presented.
COUNTRIES IN WHICH A PRENUPTIAL AGREEMENT IS VALID
Kingdom of Thailand
– The Thai prenuptial agreement is both valid and enforceable under Thailand Law. Ensuring that your marriage is properly registered is essential to avoid having legal difficulties in the future.
United States of America
– Prenuptial agreements are valid in the 50 states of the USA, and since 1983, a version of the Uniform Premarital Agreement Act encourages enforcement of prenuptial in at least 26 states. A well-drafted prenuptial agreement, properly prepared by counsel for both parties, can withstand the toughest scrutiny.
United Kingdom
– Prenuptial Agreements are not recognized by UK law in the same way as they are in the USA but the content of the agreement will be taken into account by the court when reaching its decision. UK Citizens are recommended to sign a Thailand prenuptial agreement prior to marriage to a Thai fiancé(e).
Europe
– Prenuptial agreements are generally upheld throughout continental Europe including France, Germany and Belgium, which recognize premarital agreements that fall within the bounds of accepted contracts.
Australia
– In Australia, prenuptial agreements are acceptable under the Family Law Act of 1975, and in general, property ownership and post-marriage sharing issues are covered and the usual restrictions apply.
Canada
– In Canada, prenuptial agreements are generally upheld and with a well-written prenuptial agreement, will be enforced in the case where a dispute arises
NOTES:
- The Thai prenuptial Agreement is less likely to be contested if it is prepared and signed well in advance of the marriage date.
- Pre marriage planning including protection of any individual assets that should be protected. The Thai prenuptial Agreement should be prepared in both the Thai and English languages so that it is legally binding in both Thailand and the Expat’s home country.
- Choosing a Thai law firm specializing in international law to assist you with your Marriage Registration in Thailand will ensure that the marriage is properly registered to avoid having legal difficulties in the future. If you would like assistance with Marriage registration or preparation of a formal Thai prenuptial agreement please consult TSL.