What Is A Prenuptial Agreement?
A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce.
A prenup typically lists all of the property each person owns before marriage and specifies what each person’s property rights will be after the marriage.
General
A prenuptial agreement or a contract to endorse the marriage certificate under Thai Law is required to be prepared by both parties before or along with registration of marriage and will be executed after entered in the Marriage Register only which means “A prenup shall be void if not made in writing and signed by both spouses and by at least two witnesses and entered in the Marriage Register at the time of marriage registration stating that a prenup is thereto annexed”.
In general, a prenup contains the terms, conditions, measures and restrictions of property management including Personal Property (Sin Suan Tua in Thai) and Marriage Property (Sin Som Ros in Thai) between husband and wife such as lands, houses, cars, cash or any property’s right etc. Moreover, the parties can specify the terms and conditions of prenup differently to Thai Law in the management of property during marriage only.
However, a prenup shall not contain the different terms and conditions from Thai Law concerning debt, parental power, custody of children, dividing of property in case of divorce, including any clause in a prenup contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void.
What Is The Consequence If There Is No A Prenup?
In case the spouses do not have any prenuptial agreement concerning their properties, the relations between them as regards their properties shall be governed by Thai Law such as:
- In managing of Marriage Property in case of sale, purchase, lease, exchange, mortgage of immovable property, or lending money etc., the husband and wife have to be joint managers, or one spouse has to obtain consent from the other.
- Upon divorce, the Marriage Property shall be divided equally and liable for common debts equally between man and woman.
- Personal Property of each spouse shall be solely managed by him/her etc.
Our Services
We draft and review the prenuptial agreement to secure financial assets for both parties before entering into marriage.
- Ensuring that the prenuptial agreement is made according to Thai law
- Draft and customize the prenuptial agreement to your situation
- Certifying the identities of those entering into the agreement
- Certifying the authenticity of documents
- Power of Attorney
- Legalization by Ministry of Foreign Affair
- Notary Public
- Translation
Contact us for free legal advice and affordable services.