Drafting Thai Prenuptial Agreement
The laws and procedures of United Kingdom and Thailand which covers prenuptial agreements may different significantly. In UK (Wales and England), prenuptial agreements are not implement strictly and one party cannot file a case against the other basing on the prenuptial agreement they have had executed prior to their marriage. However, the same document can still play a significant role during the determination of the assets and their distribution by the court that is hearing the divorce case.
In Thailand on the other hand, the prenuptial agreement is governed by the Civil and Commercial Code and is valid, enforceable and widely practiced in the Kingdom. Nonetheless, in order for it to be enforceable and valid, both parties as well as the document itself must adhere to the requirements set by the law which are:
- The contract must be done in writing.
- Both parties must have their own lawyers.
- The contract must be signed by both parties in the presence of at least two qualified witnesses.
- It must not be on the contrary of Thailand’s applicable laws and good morals.
- The completed contract must then be registered at the same district office where the marriage would be registered.
Thai Prenuptial Agreement for UK Citizens
Sometimes referred to as ante-nuptial agreement or premarital agreement, the prenuptial agreement in Thailand is a listing of both parties’ assets and liabilities. Also, it contains the property rights of each party in the event of a divorce in the future.
Advantages of having a Prenuptial Agreement
Executing a prenuptial agreement has several practical advantages for both parties and one of which is, in the event of a divorce, the couple may be prevented from having a disagreement on who owns what asset and who has incurred which liability.
Another is the fact that the qualified and preferred heir may be able to receive what is due to him primarily because of the prenuptial agreement.
Assistance from a Law Firm
Since executing a prenuptial agreement needs legal counsel, surely, there would be expenses. However, in the event of a divorce, the previously incurred expenses would fail in comparison if both parties would prefer to settle their differences over their assets in court primarily because they did not execute a prenuptial agreement.
A thorough consultation with a lawyer is highly warranted to make sure that the laws of UK or of other countries on that matter does not affect the prenuptial agreement to be signed and registered in Thailand.
Ample assistance would be given by Siam Legal to its clients through:
- Verification of the signatures’ authenticity.
- The certification of both parties who are about to draft a prenuptial agreement.
- The administration of oaths and affirmations.
- Attesting and certifying of other documents.
- Stand as a witness when both parties affix their signatures on the document.
Countries That Honor Prenuptial Agreements:
- United States