Prenuptial Agreement Thailand: What You Need to Know
A prenuptial agreement is a legal document that couples sign before they get married to determine how their assets and liabilities will be divided in case of divorce. Thailand is a popular destination for couples to get married, but it is important to know that Thai law does not recognize prenuptial agreements in the same way that other countries do. However, there are ways to protect your assets in Thailand if you are planning to get married there.
Why Have a Prenuptial Agreement in Thailand?
Thailand is a civil law country, which means that marital property is divided equally between spouses in case of divorce. This can be a problem for foreign spouses who have substantial assets that they want to keep separate in case of a divorce. A prenuptial agreement can help protect those assets.
The Importance of Drafting a Prenuptial Agreement with a Thai Lawyer
In Thailand, prenuptial agreements are not recognized in the same way that they are in other countries. It is important to have a Thai lawyer draft the agreement to ensure that it is legally binding. The agreement should be written in Thai and in English to avoid any misunderstandings. Both parties should also have their own lawyer to ensure that their interests are protected.
What Can be Included in a Prenuptial Agreement in Thailand?
Under Thai law, only property that is acquired during the marriage is considered marital property. Property that is acquired before the marriage or through inheritance is considered personal property and is not subject to division in case of divorce. A prenuptial agreement can be used to specify which assets are personal property and which assets are marital property.
Other issues that can be addressed in a prenuptial agreement include spousal support and custody of children. However, it is important to note that Thai courts have the final say on issues such as child custody and support.
Conclusion
Although prenuptial agreements are not recognized in the same way in Thailand as they are in other countries, it is still possible to protect your assets through a prenuptial agreement. It is important to have a Thai lawyer draft the agreement to ensure that it is legally binding and to address any issues specific to Thai law. With the right legal guidance, you can have peace of mind knowing that your assets are protected in case of divorce.