A Prenuptial Agreement in Thailand is a legal document that can be created by two people before they enter into marriage. It usually lists all of the properties that each party owns (as well as any debts) and specifies what each party’s property rights will be after the marriage.
A prenuptial agreement is generally considered to be an important tool for protecting assets and minimizing the litigation costs of divorce, especially in the case that both parties have substantial assets. Moreover, it is also an effective way of ensuring that both parties understand the rights, obligations, and responsibilities involved in marriage.
When preparing a Thai prenuptial agreement, it is imperative that one seeks counsel from a competent family lawyer or a solicitor who is well-versed in the legal requirements of the home country and in Thailand. Such a professional can effectively prepare the prenuptial agreement in a manner that is both effective and enforceable in the event of a divorce or in the event of death.
The law of Thailand governing prenuptial agreements is the Thai Civil and Commercial Code. Those who are preparing a Thai prenuptial should seek guidance from an experienced Thai family lawyer, a solicitor who is well-versed with the legal requirements of their home country and in Thailand, or an attorney.
Under Thai law, the prenuptial agreement must be drafted before the couple’s marriage is registered. Any prenuptial that is drafted after the registration of the marriage will not be valid and is therefore void and illegal.
In addition, the prenuptial must be signed by both spouses and must be registered in the marriage register at the local district where the couple decides to have their marriage registered. The prenuptial should not contain any terms that are unfair, contrary to public order or good morals, and must be free of any false and misleading statements that may have been made in order to mislead the other spouse.
It is often the case that individuals seeking to obtain a Thai prenuptial agreement will seek assistance from an individual claiming to be a lawyer or attorney. Unfortunately, many of these individuals will attempt to gain the trust of their clients by drafting the documents in such a way that they are not enforceable and are therefore, illegal and void.
Another problem with attempting to obtain a prenuptial agreement through an individual claiming to be a lawyer is that they are typically not licensed in the United States or in their home jurisdiction, so they do not have the necessary credentials to ensure the legal integrity of their client’s asset protection. In addition, many of these individuals will offer to draft the documents for a relatively inexpensive fee.
A Prenuptial Agreement in Thailand can be a very useful tool for those who have a significant amount of assets that they wish to protect prior to entering into marriage. In addition, it can be an important tool for obtaining a K3 or CR1 visa to travel to the USA as a fiancee of a US citizen.