A Thai Prenuptial Agreement is a legally binding contract between two individuals. While any agreement will be binding, a Thai one will be more important since it is recognized as an International contract. In this article we will discuss the legal aspects of a Thai prenuptial agreement and the benefits of having one. The following sections will help you make a good decision when getting married in Thailand. And if you’re planning to get married outside Thailand, be sure to look into the legal requirements of a Thai prenuptial agreement.
Legal Requirements for Thai Prenuptial Agreement
Whether you’re planning to wed in Thailand or in another country, there are certain legal requirements for a valid prenuptial agreement. A prenuptial agreement is a legally binding contract that states how assets and debts should be divided in the event of divorce. Thai divorce laws require that property be liquidated and then equally divided. The prenup is an excellent way to avoid any confusion about which property belongs to which spouse. A prenup can list all assets and liabilities that each spouse has.
If both partners are willing to sign the contract, it should be in writing and witnessed by two people. It should also specifically mention the debts of each partner. It should also include conditions to terminate the marriage when it reaches a certain age or the birth of a child. The agreement must be properly drafted by a Thai family law attorney to make sure that it will be recognized by Thai courts and upheld in the event of a divorce.
Benefits Thai Prenuptial Agreement
A valid Thai prenuptial contract can protect your personal assets during your marriage. Thai law allows for the division of assets in a divorce, and it also protects your interests if you remarry. This type of agreement makes it easy to manage your assets between you and your husband. It also avoids arguing about ownership during a divorce. Here are some benefits of a valid Thai prenuptial contract.
A prenuptial agreement limits your liability after marriage. Regardless of how much money you and your Thai fiance have, you should always make a prenuptial contract. Whether or not you have assets at the time of marriage, a prenup can reveal if your Thai fiance has ulterior motives. You can rest assured that he will not remarry if he can’t afford to pay you.
Enforcing the Thai Prenuptial Agreement
The international elements of a Thai prenuptial contract can be important, especially if both spouses have considerable wealth. It will be difficult to enforce your prenuptial agreement if the laws of the country you live in conflict with the terms of the prenup. This is especially true if the parties intend to live in different countries after the marriage. Nevertheless, if you intend to live in another country after your marriage, it is wise to sign a prenuptial contract.
In Western jurisdictions, alimony can be waived by the parties. However, this is illegal in Thailand. You must carefully plan your Thai prenuptial contract. You can apply the principles of prenuptial contracts from other countries, but you may want to use different language. This is because Thailand law is different from other countries. For instance, some Western jurisdictions require separate attorneys to sign a prenuptial contract.