Prenuptial Agreements are very common this time in Thailand when it comes to the second and third marriage. A Prenup, as it is commonly called, is an agreement between couples agreeing that in an event of a divorce particular properties will remain the sole property of one person.
The prenuptial agreement in Thailand is not a requirement, but it somehow establishes a financial security for both partners when they decide to get married in the future. And it is also a security amongst couple if ever issues will arise during their marriage in Thailand and would end up later on to conflicts and to a divorce. You can contact a family lawyer in Thailand to draft your Thai prenuptial agreement.
The costs of a divorce in Thailand will be limited when there is a prenuptial agreement drafted, especially when both parties cannot come up with an agreement on which properties each of them are entitled to. Prenuptial agreements in Thailand are becoming popular nowadays to gain security and peace of mind for marrying couples. Property ownership for couples in Thailand is divided into two categories: 1) Separate Properties and 2) Communal Properties.
Separate properties are those owned by either the husband or the wife. These properties include personal items, tools, gifts and any inheritance acquired after marriage. Communal or conjugal properties are those jointly owned by the husband and wife. These properties include anything acquired during the marriage, except by inheritance or gifts. This is where it is very important to have a prenuptial agreement because in the future if there comes up any doubt as to which category a certain property fall into, the property would not automatically be labelled as conjugal property.
Requirements for Prenuptial Agreement:
- The contract should be placed into writing;
- Each party should have their individual lawyer;
- Each party should sign the Thai Prenuptial Agreement in front of two witnesses prior to registering their marriage;
- The Prenuptial Agreement should be registered at the same district office where the marriage registration will be processed;
Take proper legal advice on your prenuptial agreements in Thailand from a qualified lawyer.