Whether you are marrying in Thailand or you intend to relocate to Thailand from another country, it is crucial that you have a well-drafted prenuptial agreement in place. This will prevent any problems from arising after your marriage, or in the event of divorce.
A Prenuptial Agreement is a legal document that outlines both partners’ assets, debts, and rights to certain properties in the event of a divorce. It is a popular way to protect the financial interests of a couple. In order to create a successful and enforceable prenuptial agreement, it is important that you consult with a legal professional.
When drafting a prenuptial agreement in Thailand, you should consult with a lawyer who is knowledgeable about the Thai Civil and Commercial Code. This is because it will affect the content of your prenuptial agreement and its enforcement.
The law requires that a prenuptial agreement is made in writing, signed by both parties and attested by two witnesses. It should then be entered in or annexed to the Marriage Register at the time of registration. It should also be authenticated by the Thai Ministry of Foreign Affairs or the Thai Embassy.
As the prenuptial agreement is a legally binding contract, it must be drafted in accordance with laws that emphasize good morals and public conduct. A prenuptial agreement that is contrary to these principles will not be enforceable, and it will not be considered fair by the court.
Prenuptial agreements are a popular tool for couples who have substantial individual assets and who wish to protect them in the event of divorce. A prenuptial agreement will ensure that any property you own before your marriage stays in your name, and that the assets that you receive in a divorce are equally divided between you and your spouse.
Having a well-drafted prenuptial contract in place before your marriage can help you avoid the need for expensive litigation in the event of a divorce. It can also help you manage the assets that you own, particularly if one of you owns real estate or has significant private investments.
A prenuptial agreement can also be a valuable tool when negotiating the terms of your retirement plan. This is especially important if one partner will have significantly more income in retirement than the other.
An experienced Thai legal professional can assist you in drafting a prenuptial agreement that is customized to your needs and will be accepted by the Thai courts. The lawyers at Mahanakorn Partners Group are experienced in preparing and executing such documents, and can tailor a prenuptial agreement to the specific circumstances of your marriage.
When drafting a prenuptial contract, it is best to hire a lawyer who is experienced in both Thai and international family law. This will ensure that your rights are protected when drafting the document and that it will be recognized in other jurisdictions as well.
Drafting a prenuptial agreement is not an easy task and should not be done by someone without sufficient knowledge of the laws of Thailand and the countries that govern your prenuptial agreement. A prenuptial agreement is a complex legal document that should be drafted by an attorney with strong knowledge of the Thai law and other laws.