Siam Legal International

Prenuptial Agreement in Thailand

Every couple tying the knotwishes that the marriage will last forever. Unfortunately, it does not always happen. When couples divorce, custody battles and conflict over division and distribution of properties can become ugly and costly. With an interracial couple, things may even be more complicated. To avoid this kind of situation, unromantic as it may seem, a couple about to get married may want to consider creating a prenuptial agreement.

A prenuptial agreement or “prenup,” is a written contract between two individuals before getting married. It lists down all the properties each person owns including debts if any and the arrangements agreed upon by the couple once the marriage is dissolved.

In Thailand, a prenuptial agreement must conform to the Thai Civil and Commercial Code. When the contract involves a Thai national and a foreigner, it must comply with certain conditions not only to ensure its validity but also to protect both parties from prejudice.

With these interracial couples, legal and technical conflicts may arise considering the two different sets of laws at play. In some countries, prenuptial agreements are not recognized while in others, the requirements are not the same as a Thailand Prenupt. This is the reason why it is very important to seek the assistance of a legal expert who is not only knowledgeable in Thailand laws but in applicable International Laws and Principles as well.

Siam Legal is an established law firm in Thailand that specializes in family law or legal matters pertaining to marriage, prenuptial agreements and divorce. Its highly competent lawyers are experts in creating prenuptial agreements in Thailand. They have already assisted many foreign nationals and their Thai fiancé or fiancées in drafting prenuptial agreements that cater to their specific needs.

A prenuptial agreement offers the following benefits:

It ensures the protection of each of the parties’ respective properties by specifying beforehand how these will be disposed of, divided, transferred from one spouse to the other, or whether such will be considered as joint or separate properties.
It protects business assets by requiring a spouse to waive all rights to the owner-spouse’s interest in the business should the couple divorce or if one of them dies.
It protects one spouse from the other spouse’s debts. In cases where one spouse incurs debts before marriage, the debtor spouse can waive any claims to the other spouse’s assets thereby protecting them from his or her creditors.
It ensures that the children of a previous marriage as well as that of the present marriage would be given financial support.
It keeps the ownership of family businesses and assets within bloodlines by not giving the new spouse any right to make claims on these assets.
It helps avoid or at least minimize the possibility of the spouses having to go through a legal battle over property and or custody issues thereby sparing them also from the expenses involved when dealing with such matters in court.

Although separation is the last thing on an engaged couple’s minds, it is still best to be legally prepared for its possibility. Signing a prenuptial agreement does not mean that a marriage is doomed to fail, it is just another way of making sure each spouse is well taken care of even after the marriage is over.