Prenuptial Laws: The Content Of A Prenuptial Agreement In Thailand.

In case of a divorce in Thailand, and the parties cannot agree on the terms of the

ending of the marriage, the separation could end up being contested, meaning the divorce has to be referred to a court and the court will decide for them on matters like division of marital assets.

If the parties have made a prenuptial agreement the courts in Thailand will recognize a prenuptial as a valid document if made before the marriage and entered in the government marriage registers. The question is how will a court deal with the content of a prenuptial agreement made in Thailand when it comes to the division of marital assets.

A prenuptial agreement in Thailand can only deal with assets and debts and the content of the prenuptial cannot be against the law or good morals. The criterion in the law, against the laws or good morals is a tough standard giving little flexibility in drafting a prenuptial agreement!

Any terms in the prenuptial agreement that are against the statutory legal system of property between husband and wife will quickly be set aside by a court in Thailand as against public policy or good morals and therefore null and void (section 1465 Thailand Civil Code).

A prenuptial in Thailand deals primarily with 1. management over marital property, as specified in section 1476 Civil Code, during marriage and 2. details of each partys assets brought into the marriage and how to deal with these assets, rather than that it is possible to create a private property system or anticipate on a division of property in a prenuptial agreement that differs from the statutory marital system of law.

What does that mean in a divorce?

If the divorce is based on mutual consent the parties go to the any local government municipality and apply for divorce and agree 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.

Making a prenuptial agreement in Thailand

Not many Thais do prenuptial agreements and lawyers in Thailand are not used to deal with prenuptial agreements. It is more common for foreigners in Thailand to request a prenuptial, but that requires a bilingual, usually Thai English, prenuptial. Unfortunately many Thai law firms download in this case a free (usually US drafted prenuptial forms) prenuptial from the Internet, instead of drafting a typical prenuptial that complies with Thai law and is enforceable in a Thai court. Such a prenuptial holds little weight in Thailand, this while it is for a relative small amount possible to download a professional Thai English prenuptial agreement template from websites such as samuiforsale, or a custom lawyer drafted prenuptial from an online service like Phuket Law Online.

Laws regarding marriage and prenuptial agreements change depending where you are in the world. Foreigners should also consider the laws in their own country, and consider a choice of law in the prenuptial for the legal system that would govern their property regime. Such choice of law is included in the template form as offered by samuiforsale.

by: Nadia Henderson

POST COMMENT

Corporations In Thailand And The United States Book The Best Thailand Specials Today Recette Du Thé Glacé + Démonstration Ce Thailandais Maitrise Parfaitement Le Liquide !!! Impressionnant Take Off to Thailand Surf wear brand to sponsor Thailand Surf Series Muay Thai Thailand- A Legacy Of Adventure Dance the Night Away in Thailand's Party Capital Patong Dance The Night Away In Thailands Party Capital Patong The Enthralling Sacred Places Of Thailand Places To Visit In Thailand How To Get A Background Check Thailand A Miracle Healing In Thailand Top ten water fall in Thailand Part1