Drafting Prenuptial Agreement in Thailand

A prenuptial agreement is an important document for couples to sign before getting married, as it can prevent disagreements in the future. It also protects a couple’s assets in the event of a divorce or death.

Thai law imposes a high standard on the content of a prenuptial. It must be drafted in accordance with laws that emphasize good morals and public conduct, and the content should not be against the law or contrary to public order. This means that a prenuptial can only deal with the assets of husband and wife, and may not address issues such as debts or child support.

Drafting a prenuptial in Thailand requires a deep understanding of Thai marriage and family law, as well as the laws of the country in which you are going to live after your wedding. It is crucial that you have a lawyer who specializes in family law to help you create an agreement that will be legally valid in both countries.

The main benefit of a prenuptial is that it will ensure that your property is divided fairly in the event of divorce or death. Often, couples who do not have one will have their assets distributed for them by the state if the marriage ends and they disagree about who should get what. This can lead to an expensive legal process and emotional toll.

It can also be a great way to clarify the division of properties in the event of divorce, as if there are doubts about whether a property is part of the marriage portion or not it will be presumed to belong to the marriage portion. Without a prenuptial, this scenario can be quite confusing and can result in very long court proceedings.

This is why it is so important to consult with a lawyer who understands Thai marriage and family law. During a consultation, your lawyer will discuss the different options available to you and advise you on the most beneficial options for you.

You will want to consider a prenuptial that will ensure that your property is divided fairly in a divorce or at death, as this can save you a lot of money in the long run. It should be a detailed document that lists your personal and marital assets, how you intend to manage these assets during the marriage, and what happens to them in the event of divorce or death.

In addition, you will want to be sure that your agreement will be enforceable in both countries, and that it is drafted with your interests in mind. It is especially critical that you are protected from your spouse’s claims to your assets, if you have a business or any other type of business interest in a foreign country.

As a foreigner who is planning to marry in Thailand, it is essential that you have a prenuptial drafted by a qualified lawyer. This will help you to ensure that your agreement is legally valid in both countries, thereby preventing disputes and saving you a lot of money in the event of a divorce or death.

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