Contested divorce in Thailand Influenced by a Prenuptial Agreement
If the divorce is based on mutual consent the parties can to the any local government
municipality and apply jointly for divorce if there is agreement on the terms of the divorce. If the parties have made a prenuptial agreement before the marriage this could have helped as a divorce guideline between husband and wife on how to divide the properties.
If the divorce is contested the prenuptial is recognized however the terms of the prenuptial agreement will be scrutinized by the court and what you have agreed in the prenuptial agreement could turn out not to be enforceable in a court and null and void.
Not many Thai nationals do prenuptial agreements and lawyers in Thailand are generally not used to deal with prenuptial agreements. It is more common for foreigners in Thailand to request a prenuptial, but also more complicated as the laws regarding marriage and prenuptial agreements change depending where you are in the world. A Thai prenuptial with a choice of law for Thai laws could be a smart choice for a foreigner, or it may not. It is important to consider the laws of both Thailand and the laws of the foreigner's nationality. Legal advice should be obtained from both a legal professional qualified under Thai and as well as from a professional qualified under the laws of the foreign nationality.
Some law firms in Thailand use, because of the unfamiliarity with this type of contract, a standard free English language prenuptial agreement form downloaded from the Internet and translate this to Thai instead of drafting a typical prenuptial that complies with Thai law and is enforceable in a Thai court. A free prenuptial template holds little weight in Thailand, this while it is possible to download for a relative small amount a professional specific Thai English prenuptial agreement template.
Contested divorce in Thailand Influenced by a Prenuptial Agreement