A prenuptial agreement is a contract entered into between two individuals who intend to marry and who have property relations during the marriage. It is enforceable in Thailand under the law and is an important tool for those who are looking to protect their assets or investments from unexpected divorce proceedings.
Steps of Thailand Prenuptial Agreement
The first step in preparing a prenuptial agreement is to get advice from a lawyer who is specialized in Thai law and who understands the relevant international laws. This will ensure that the prenuptial agreement is drafted correctly and will be legally binding in both Thai and foreign jurisdictions.
Next, you will want to determine the best time for drafting the prenuptial agreement. It is advisable to do this as early in the process as possible to avoid any last-minute complications that could cause issues later on.
You should also make sure that the prenuptial agreement is signed by both parties and that it contains all of the information necessary to be valid under Thai law. This includes the names and addresses of both parties, as well as all of their property and assets.
Another step is to ensure that the prenuptial agreement is properly registered with the local government office where the wedding will be held. The prenuptial agreement is deemed to be null and void under Thai law if it is not registered before the marriage.
This will be a problem for couples who have purchased properties or acquired shares in businesses in Thailand prior to their marriage. If the prenuptial agreement is not registered, then those properties and shares will be considered to be communal property of the couple and will not be able to be divided in case of divorce.
Moreover, the prenuptial agreement should be drafted by a lawyer who is specialized in Thai family law and who has experience in handling these types of cases. It is also recommended that a professional prepare the prenuptial agreement in both English and Thai so that both parties can understand it easily and fully.
The second step is to have the prenuptial agreement translated into your spouse’s language before signing it. This will ensure that your spouse has a full understanding of what is included in the agreement and will prevent any problems that may arise in the future.
Once the prenuptial agreement is translated into your spouse’s language, it will be a legal document that must be filed with the court in order for it to be enforceable. This will help to ensure that any disputes are resolved in the most appropriate way and that your spouse will be able to receive the fair share of assets and debts from you in the event of a divorce.
A final step is to have the prenuptial contract witnessed by both parties before it is officially registered with the local government. This will ensure that it is legally enforceable in Thailand and will provide the parties with peace of mind.