A prenuptial agreement, also known as a prenup, represents a written agreement created by partners who wish to marry. The agreement lists the assets and debts of both parties. It specifies what rights the parties possess to their properties and assets should their marriage ends in divorce.
In Thailand, the Thai Civil and Commercial Code is used to draft prenuptial agreements. That is why you need to speak to legal counsel when you draft and file this type of contract. You should work with a lawyer who is familiar with the Thai legal code.
Culturally, in Thailand, prenups are important, as marriage serves to support couples financially and legally. That is why it is essential, especially if you are entering a marriage with numerous assets and holdings, that you create a pre-wedding contract. In most cases, a prenup will contain provisions that guarantee a minimum yet a fair share of a couple’s combined assets. Sometimes the allocation varies, depending on the length of the marriage.
In some cases, one of the partners to a prenup may feel offended by the thought of a prenup. After all, this type of agreement does not sound positive when you are preparing to get married. However, you have to know where you stand financially and, for the time being, place sentiment aside. While this may sound harsh, you still need to legally protect yourself and your future spouse.
While no one wants to think their marriage could end in divorce, it is always a good idea to take certain legal measures, especially if one of the parties could be hurt financially. If the idea of a prenup is still off-putting, a compromise, in some instances, can be reached in the form of a sunset clause.
The clause is designed to end the prenup if a specific event happens. For example, you might agree to terminate the agreement upon the birth of your first child or when you celebrate your tenth wedding anniversary.
By adding the sunset clause, you can soothe the feelings of a partner who is offended by the thought of having a prenup created while he or she is in the midst of planning a wedding. The added clause shows that both parties are looking to a bright future, but still, wish to ensure their finances should something unexpectedly go wrong in the relationship.
Under Thai law, you need to meet certain basic requirements when creating a prenuptial agreement. These requirements include the following stipulations:
While the choice of creating a prenup is wise and practical, discussing the contract with your partner may, at first, feel awkward if not uncomfortable. As a result, you need to handle the topic with discretion and understanding. To communicate your thoughts along these lines, legal experts suggest clients do the following:
Better yet, you may want to schedule a time when you can meet with a family law attorney to further discuss the contract and answer any questions. The idea is to show your future spouse that a prenup will protect both of you should anything happen in the marriage that could threaten your security.
Typically, a prenup provides a financial plan that can be managed during the course of a marriage or upon divorce. Doing so prevents major disputes, especially if the marriage dissolves. For couples with substantial holdings in property and assets, the document is very useful.
Having a prenup in force allows the division of assets to be managed fairly and equitably. It is also advantageous for couples of different nationalities who marry in Thailand. In some instances, a couple may agree to sign a postnuptial contract after their wedding takes place.
However, in the Thai legal system, a postnuptial agreement usually will not hold much weight. It is far better to add a prenup when you register the marriage. Any prenup that is entered in the Thai language cannot be changed after a couple weds. Unless the court authorizes a change, the Thai prenup’s terms must be followed.
This is important to remember if you are drafting this type of agreement. Once you create and establish the contract, you need to make sure you fully agree with the conditions of the agreement. Thai law places certain limitations on prenups that must be explicitly followed. The following list further elaborates on the regulations:
By following the laws that establish proper public behavior and good morals, you cannot design your agreement to suit your individual wishes or needs. For example, the following representations would be void if included in a prenup:
As you can see, you need to consult with a lawyer who is knowledgeable in Thai family law, particularly as it relates to prenups. That way, you can draft an agreement that will be recognized by the Thai courts and can be upheld if a future divorce takes place.
While you can pay for downloads of prenuptial agreements, it is always safer and wiser to seek help from an attorney experienced in drafting the agreements. After all, you defeat the purpose of creating the document in the first place if you don’t take this approach. A prenup is a good document to have on hand under the Thai legal system, as it will be enforced in this venue.
In essence, a prenuptial agreement helps you deal with any financial consequences should your marriage end in divorce. Basically, all couples have a prenup available to them through the legal system when they divorce. Having an agreement in force, however, takes care of any differences that may arise during a dispute.
Having a prenup in place is particularly important in the following scenarios:
Basically, a prenup protects those couples who have property and assets that are substantial. A variety of scenarios may be used to reinforce the need for this type of legal contract.
If your marriage does end in divorce, you can either choose to file an uncontested/administrative divorce or a contested divorce. An uncontested divorce is easier to file, as the process goes quicker and costs less. Each party does not have to give a reason for ending the marriage, as their mutual agreement is enough.
Otherwise, a contested divorce is handled in court. If a prenup is used in this case, you can settle any problems with property disputes or disagreements about ownership. The same agreement can also support the filing of an uncontested divorce. When an administrative or uncontested divorce is filed, any conflict is kept to a minimum.
A prenup permits a couple to handle the division of marital property discreetly and privately. Seeking legal counsel should always be done during a dissolution of marriage, as couples may not be as objective as they would be in other legal situations. Once a settlement is reached, it is filed at the district office where the divorce is granted. Typically, with a prenup in place, a divorce between a Thai citizen and a foreign spouse is easier to settle. If the marriage has been registered in Thailand, the couple will normally opt for getting an uncontested divorce.
If you are a foreigner, you should consult with a lawyer before you file an uncontested divorce. This is important, as not all countries will recognize this type of divorce. Some countries, as well, will not recognize administrative divorces in certain instances. Again, you need to consult with an attorney to make sure you settle the divorce in compliance with the law, as it applies to you.
Whether you are drafting a prenup or wish to file for divorce, you need to refer to a legal firm that is knowledgeable in both subject areas. Use a firm that can answer your questions and will provide the best approach for keeping your interests protected during your marriage or upon divorce.
Once you convince your fiancé or fiancée to agree to a prenup, you need to sit down and talk to an attorney. In this case, you and your partner will need to each retain the services of a lawyer. That way, you can negotiate the terms with more objectivity.
You may also secure the services of a notarial service lawyer – someone in the legal profession who can do the following:
Special note – Because of international laws in place, couples who engage a notarial service in Thailand may need to have notarized documents authenticated further at the country’s Ministry of Foreign Affairs.
Again, you will need to seek legal counsel if you marry a Thai citizen and are from another country. You should seek this type of help anyway. However, it is vitally important that you do so as a foreigner. You may not realize that certain items need to be added to the prenup that you might overlook in your homeland. The information below addresses some of these items.
If you don’t have a prenup in place, all of the assets acquired when you are married will be equally divided. This same principle is applied to non-married couples who have lived together for a long time. If you are not married and have this type of living arrangement, you should talk to an attorney. He or she can draw up an agreement that can be used to divide your assets in case of a split in the relationship.
Please contact us if you would like to consult a family lawyer regarding this.
Theoretically, assets that were acquired before the marriage registration should belong to the rightful owner. However, things are not always that simple, especially if you end up getting divorced. You should account for these items, as well, when you draw up a prenuptial agreement.
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While the court usually will establish the alimony during a divorce settlement, you may be surprised by the outcome. It is always better to play it safe rather than be sorry. Make sure you account for alimony payments when you draw up your prenup.
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The above information gives you a better idea about what to expect and how to act when you see a lawyer about drafting a prenup. Attaching this document to your marriage certificate during the registration process is part of sound legal and financial planning. While it may offend some partners, the document still should be looked at as added security.
Please contact a family lawyer if you would like a prenuptial agreement drafted for you.
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