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Prenuptial Agreements in Thailand

A Comprehensive Guide for Expats and Overseas Nationals

Isaan Lawyers is a leading Thai law firm that specializes in prenuptial agreements in Thailand, also known as Thai prenup for expats and overseas nationals. We have a team of experienced Thai and English-speaking lawyers and dedicated Thai prenuptial agreement lawyers who can help you to draft a prenuptial agreement that is tailored to your specific needs and circumstances.

What is a prenuptial agreement in Thailand

A prenuptial agreement, also known as a Thai prenup, is a contract between two individuals before they get married that outlines their property rights and other financial arrangements in the event of a divorce. Prenuptial agreements are becoming increasingly popular in Thailand, especially among expats and overseas nationals who are looking to protect their assets and interests.

The following sections of the Civil and Commercial Code of Thailand deal with prenuptial agreements in Thailand.

Section 1465: This section states that a prenuptial agreement is a contract between two individuals before they get married that outlines their property rights and other financial arrangements in the event of a divorce.
Section 1466: This section lists the requirements for a prenuptial agreement to be valid.
Section 1467: This section states that a prenuptial agreement can be amended or revoked by both parties at any time before the marriage.
Section 1468: This section states that a prenuptial agreement is binding on both parties and their heirs.
Section 1469: This section states that a prenuptial agreement can be set aside if it is found to be unfair or if it was entered into under duress.

What are the requirements for a prenuptial agreement in Thailand

Under Thai law, there are a number of requirements for a prenuptial agreement to be valid. These requirements include:

The agreement must be in writing and signed by both parties.
Each party should have their own lawyer review the agreement before they sign it.
The agreement must be registered with the local district office where the marriage is registered.

In addition to the above requirements, a prenuptial agreement in Thailand must also be:

Fair and reasonable.
Not against public policy or morality.
Made without coercion or duress.

If a prenuptial agreement does not meet these requirements, it may be invalidated by a Thai court.

Here are some additional things to keep in mind when drafting a prenuptial agreement in Thailand:

The agreement should be specific and clear about how property will be divided in the event of a divorce.
The agreement should be comprehensive and cover all relevant financial matters, such as alimony, child custody, and support.
The agreement should be reviewed by a qualified Thai lawyer before it is signed.

What can be included in a Thai prenuptial agreement

A prenuptial agreement can include a variety of provisions, such as:

A list of each spouse’s premarital assets and debts.
How marital property will be divided in the event of a divorce.
How alimony will be paid.
How child custody and support will be arranged.
Other financial matters, such as how to pay for joint expenses during the marriage.

There are a number of benefits to having a prenuptial agreement in Thailand, especially for expats and overseas nationals. Some of the key benefits include:

Protecting your assets: A prenuptial agreement can help to protect your assets from being divided in a divorce. This is especially important if you have significant assets or if you are marrying someone with significant assets.
Avoiding disputes: A prenuptial agreement can help to avoid disputes over property division and other financial matters in the event of a divorce. This can save you a lot of time, money, and stress.
Clarifying your expectations: A prenuptial agreement can help to clarify your expectations with your partner about your financial future together. This can help to build trust and communication in your relationship.
Ensuring fair treatment in the event of a divorce: Thai law gives Thai nationals certain advantages in divorce proceedings, such as the right to live in the marital home and the right to alimony. A prenuptial agreement can help to level the playing field and ensure that both spouses are treated fairly in the event of a divorce.

In addition to these general benefits, there are a number of specific benefits that a prenuptial agreement can offer to expats and overseas nationals in Thailand, such as:

Protecting your assets from marital property law: Under Thai law, all property acquired during the marriage is considered marital property and is subject to division in the event of a divorce. A prenuptial agreement can help to protect your premarital assets from being classified as marital property.
Protecting your assets from seizure by creditors: If your spouse has debts, their creditors may be able to seize their assets, including assets that are owned by the marriage. A prenuptial agreement can help to protect your assets from being seized by your spouse’s creditors.
Facilitating a smooth divorce: If you and your spouse do end up getting divorced, a prenuptial agreement can help to make the process smoother and faster. This is because the prenuptial agreement will already have outlined how your property will be divided.

Conclusion with regards to Prenuptial Agreements in Thailand.

Overall, a prenuptial agreement can be a valuable tool for expats and overseas nationals who are planning to marry a Thai national. It can help to protect your assets, avoid disputes, and ensure fair treatment in the event of a divorce.

Contact Isaan Lawyers who can advise and assist with tailor draftin and advising upon Thai Prenuptial Agreements.

https://isaanlawyers.com/contact-us/

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