A Thai Prenuptial Agreement is a legal contract between the two people who are getting married. It lays out the terms of the marriage so that the parties know what they will be doing financially when the marriage ends. It can be beneficial if you want to protect your assets and avoid inheriting your partner’s debts after the marriage. This contract must be drawn up in both languages of both parties and cannot be amended after the marriage.
If you are planning to get married in Thailand, you must know that prenuptial agreements are governed by Thai family law. These agreements must specify the property and debts of each spouse, and they should be drafted by a Thai family law lawyer. The lawyer will make sure that your agreement is enforceable and accepted by the Thai courts.
The civil and commercial code section 1465 recognizes prenuptial agreements. Your agreement should deal mainly with the property you will jointly own with your future husband. This will help to prevent any disagreements down the road. The contract must be in writing, signed by both parties, and witnessed by two witnesses. In addition, it must be registered with your marriage, since it cannot be changed after the marriage.
Protection from Inheriting Spouse’s Debt
One way to protect yourself from inheriting your spouse’s debt is to sign a prenuptial agreement in Thailand. This type of contract can be signed before you get married or after, and it only protects you from your spouse’s debt if the agreement is followed. Many couples choose to do this because they are worried about the effects of divorce or the possibility of financial misunderstandings.
It’s important to understand that a prenup will not protect you from your future spouse’s debt, but it can protect you from a variety of potential liabilities. For example, it can protect you if your partner has poor credit habits or is a stay-at-home spouse. Also, if you’re married to a lower-earning spouse, a prenup will protect you from being held responsible for their debt.
Protecting Your Assets Against Divorce
If you live in Thailand and have significant assets, you should make sure that you have a prenuptial agreement in Thailand before you tie the knot. These agreements are a way to protect your assets in the event of a divorce. While prenups are not binding, they can protect your assets if you get divorced. If you have children, a prenup is especially important. Both parties should sign the document and have it entered into the marriage register.
Prenuptial agreements are legal in Thailand and are recognized under the civil and commercial code section 1465. The only exception is if the agreement contains provisions that are against good morals. Thailand has a civil law system and the civil and commercial code are the primary sources of law.
A Good Compromise in the Event of Divorce
Prenuptial agreements are a good way to protect the interests of your spouse in the event of a divorce in Thailand. These documents guarantee that each spouse will receive a minimum share of the assets they have amassed during their marriage. Thailand’s family law system recognizes prenuptial agreements as valid and upheld by the courts.
In one recent case, a husband and wife filed a divorce petition in Thailand, citing a prenuptial agreement. While the petition focused on child custody issues, it included a section entitled “No Marital Property,” which cited the prenuptial agreement. The wife, however, did not explicitly state that she was seeking enforcement of the prenuptial agreement in Thailand. Moreover, her husband failed to submit an affidavit signed by his Thai legal counsel stating that the prenuptial agreement is required to be enforced.