Prenuptial Agreement in Thailand
You may think the idea of divorcing is ridiculous at this time in your life. However, if you and your spouse, or one of you own a large amount of assets, you should get together and discuss your finances now – not later, on the off chance that you get a divorce. Having a prenuptial agreement prepared in Thailand will safeguard you from making mistakes should you file for divorce in the future.
To define the contract, a prenuptial agreement is signed by couples entering a legal marriage in Thailand. Don’t confuse this type of union with a Buddhist marriage. The legal agreement may also be referred to as a premarital contract or an antenuptial. When you speak to a lawyer about drawing up the document, you will be proposing a financial plan for implementation in your marriage that will be followed, with stipulations made for divorce.
A prenuptial agreement is a useful contract for a couple or one of the parties to have in case of the dissolution of marriage. While this contract is not mandatory for couples with little in the way of assets, it can serve you well if you own substantial assets and/or properties. You may also want to consider signing a post-nuptial agreement after you marry. However, Thai law does not strongly enforce post-nuptial agreements. That is because a prenuptial agreement, once it is agreed on and established, cannot be changed after a couple marries. No changes can be made unless authorized by the court.
What a Prenuptial Agreement Should Include
The laws in Thailand place certain limitations on prenuptial agreements that need to be noted. These rules and regulations are in place to ensure a Thai prenuptial agreement can be enforced if needed. By legal definition, a prenuptial agreement in Thailand –
- Should be written and signed by both people who are registering for marriage.
- Should be signed on the same day the couple registers for marriage.
- Should have two witnesses present at the signing and registration.
- Should be attached to the marriage certificate in the location where the marriage is registered.
- If one of the parties is under 20 years old, he or she should have parental, guardian, or legal consent.
What Phrases Can Void a Contract
When a Thai prenuptial is drafted, it must be created in accordance with the laws in Thailand that pertain to good morals and public order. Therefore, the contract, while customized to the couples’ specific assets, still must be drafted per the dictates of Thai law. For example, you cannot add the following to a Thai prenuptial, as they conflict with the public order.
- A clause that requests the total salary of the husband be remitted to the wife in the marriage.
- A clause that states the agreement will be overseen by laws outside Thailand.
- A clause that asks for the insertion of the debts of each party. For example, you cannot add that certain debts will be the personal obligation of the husband while other debts will be the wife’s personal responsibility.
Also, you cannot, in Thailand, add a clause that says, if husband and wife live apart, that all the assets obtained during the separation are regarded as personal property. This provision will not be accepted in Thailand, as noted in sections 150 and 1465 (2) – two important parts of the Civil and Commercial Code of Thailand, or CCCT.
While you can obtain a prenuptial agreement form online for a low price, it will not serve you well if you happen to get a divorce. It is always better to hire a lawyer that has expertise in this area. Don’t leave your assets vulnerable. Contact an attorney about having an agreement created, so you can ensure your financial future.
Classifying Your Assets and Property
By speaking to a lawyer, you can get a better idea about the terms and how the agreement is outlined. For example, property owned separately by the husband and wife is covered in the terms of the contract. Also, communal property or joint property is added. This includes assets that are acquired during a couple’s marriage that are not classified as gifts or inherited items. It is important to distinguish the items. Otherwise, they are considered communal or joint property under the law.
While a prenuptial agreement is not legally compulsory, it will create a financial cushion that will be lacking if you don’t have the contract created. For example, if the other party’s property is blacklisted or sequestered credit-wise, you don’t have to worry about your credit rating or the disposition of your personal assets.
Once more, make sure the prenuptial agreement can be legally enforced - meaning it should be written, signed before you get married, and recorded in the marriage register. It will not be valid unless you and your partner’s signatures can be witnessed by two witnesses. If you are marrying another person from another country, you must consider the laws of that country as well. You may face the possibility that certain amendments may need to be made to your prenuptial agreement in Thailand. Never have this document created without the help of an expert in family law.