Prenuptial Agreement Thailand – Getting Married In Thailand

Prenuptial Agreement Thailand – How To Cover Your Assets Before Marriage The Easy Way

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prenuptial Agreement Thailand what you need about covering your assets in Thailand before marriage. A prenuptial agreement is a document, a legal contract, that spouses sign before entering a marriage. It’s also called a premarital agreement. Normally, prenuptial agreements provide a financial plan which can be managed through the course of marriage or upon the break-up of the marriage (example divorce). For people with substantial assets and properties and wish to control the division of the assets upon divorce, this legal document is very useful. Under Thai Law, prenuptial and a post nuptial agreements are 2 types of agreements that can be made in relation of the assets between a husband and a wife.You should carefully consider all of the legislation & seek legal advice  before marring your Thai girlfriend, be aware of the rules.

A Thai Buddhist Marriage – Is Not A Legal MarriagePrenuptial Agreement Thailand

A “Buddhist marriage” is not considered a legal marriage in Thailand. A legal marriage is a public act, it is official and registered at a local ‘Amphur Office’. Because a marriage is a public act, the reason why prenuptial agreements must be registered in Thailand is to announce to the third parties about the how the relationship of the spouses will be governed. Many people mistake this for a real wedding it isn’t you must register the marriage at the ministry of foreign affairs in Bangkok.

Prenuptial Agreement Thailand

A Thai prenuptial agreement is an agreement concerning of the assets between a husband and a wife made and governed by Thai law only. Thai Law is limiting prenuptial agreements and you must follow Thai rules in order to have a valid contract. A valid and enforceable Thai prenuptial agreement requires by Law that:

 

• It needs to be in writing on the same date of marriage registration, or;
• It has to be a written agreement signed by both parties.
• Two witnesses are required.
• The agreement should be attached with the marriage certificate where the marriage is registered.

A Thai prenuptial agreement is concerning only the assets management of a husband and a wife during their marriage. The prenuptial agreement will be considered void, if; for example:

The prenuptial agreement specified that if a husband goes out with another lady, a wife can file a divorce. This clause is considered void because it is an agreement contrary to public order or good morals according to section 1465 paragraph 2 and section 150 of the Thai Commercial and Civil Code.

A male who used to pay alimony to his mother every month before marriage. If the prenuptial agreement specified that all his salary will be given to his wife even his mother’s alimony. It is considered that void because it is an agreement contrary to public or good morals.

In addition, if a clause specified that it is governed by foreign law, should normally be considered void under Thai Law. Another example would be a clause specified that in case that a husband and a wife live separately, all assets acquired during separation are considered private property. Even though this clause is from the provisions of UK Law, it would be valid there but not in Thailand.

The agreement is unenforceable if specified that the debt of a couple; for example, the education’s debt will be personal debt of a husband or the debt arising from business of both will be personal debt of wife.In the case of a minor wishing to get married and make a prenuptial agreement, a minor must get consent from parents, adoptive parent or legal representative of marriage and make an agreement. The Legal Age of Majority is 20 years old in Thailand.

Useful Links

Further information on Prenuptials

Further information on Post- nuptials

 

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