Prenuptial Agreement In Thailand

Anglo Siam Legal have been providing legal services for overseas nationals and Expats since 2006. Over the years we have tailor drafted in both English and Thai thousands of prenuptial or premarital agreements. Each drafted to the specifications of the Individual client.

As you probably know, a pre-marital, or prenuptial agreement in Thailand is a written contract to protect each party in a marriage from the other’s debt responsibilities that were incurred before the marriage and to secure each party’s personal assets acquired before the marriage.

Under Section 1465 of the Civil and Commercial Code of Thailand: “Where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chapter. in effect a 50/50 split.

Any clause in the antenuptial (also called prenuptial) agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void.”

‍It may also make provisions for child and spousal support should the marriage end in divorce. Both parties must sign the pre-marital, also known as a Thai prenuptial agreement, or prenuptial agreement in Thailand, and it must be registered when the marriage is registered. If this does not occur, the premarital agreement may be considered invalid in Thailand.

The parties must sign the agreement in front of two witnesses before their marriage is registered, and the Thai premarital or Thai premarital agreement must be registered at the same district office where the parties register their marriage in Thailand. A premarital agreement also protects the interests of other dependents, such as children from a previous marriage or parents, as the arrangements for the disbursement of a party’s personal property can be stipulated in the written agreement. This is not the case, however, for properties that are jointly owned by a couple after they are married.

A properly executed prenuptial agreement can result in a more smooth division of assets and marital property during a divorce as it typically outlines the provisions for spouse and child maintenance as well. With these provisions in place, a premarital or prenuptial agreement can avoid the addition of further emotional strain during a divorce, and considerably reduce litigation costs.

Experienced lawyers and attorneys at Isaan lawyers International Family Law department advise clients on all aspects of marriage and divorce, including premarital or prenuptial agreements. Our professionals have extensive experience in drafting this type of contract, taking into consideration requirements under law in Thailand and the legality of the agreement.

Advice from a Thailand divorce lawyer or family lawyer familiar with the laws governing pre-marital or prenuptial agreements in Thailand is essential. Thailand’s Civil and Commercial Code contains a number of requirements that must be addressed when preparing a pre-marital or prenuptial agreement.

As above each of our documents which run usually between 12 and 20 pages are written in Thai and English in order for both parties to understand the contents and for the agreement to be registered at the time of marriage.

The cost of our tailor drafted agreement is baht 10,000.

Should you require the team to be present for your wedding to ensure the legal registration of the agreement as per your wishes our attendance can be quoted seperatly.

I hope the information assists and should you wish to Instruct us, once we have all relevant Information a first draft usually takes around 5 working days.

Any questions please ask.

All that remains for me to say is congratulations on the forthcoming wedding and I hope the event goes well for you both.

You can also visit our sister companyhttp://www.isaanlawyers.com