Thailand Prenuptial Agreements

Despite the strong Buddhist influence, prenuptial agreements are recognized in Thailand. Entering into a Thailand prenuptial agreement is a practical choice for those who are planning to get married in the Land of Smiles. Contrary to what others perceive, signing a prenuptial agreement in Thailand is not exclusive to individuals who have assets and businesses to protect. As a matter of fact, a Thailand prenuptial agreement is a wise choice for everyone.

Points to ponder in making a Thailand prenuptial agreement

1) The Thai prenuptial agreement is a pre-marriage contract. This is the most important element or characteristic of the said agreement. Evidently, this should be made and registered before the marriage. The failure to do so makes the contract null and void.

2) Under the provisions of Thai law, Thailand prenuptial agreements should be expressed in writing. It should be signed in front of two witnesses and registered in the local office where the marriage will take place.

3) Prenuptial agreements cannot be changed. Any modifications or alterations are allowed only through the court’s approval.

4) The agreement can be presented in two languages so long as both parties understand the provisions stated in the contract and the clauses do not violate any moral grounds.

The importance of competent lawyers and law firms

In any circumstances, a prenuptial agreement should be drafted and processed by competent and efficient lawyers. With regards to a Thailand prenuptial agreement, couples should seek the services of attorneys who are well-versed with Thai laws. Reputable lawyers and law firms are highly important because of the following:

1) A prenuptial agreement has a considerable impact on the the married life of the involved parties. Hiring incompetent legal professionals may subject the couple into uncompromising scenarios, most especially if unwarranted situations such as death or divorce occur, for example.

2) Poorly drafted prenuptial agreements may result to delays. These delays have corresponding costs. The time that could have been used in the immediate registration of the prenup is otherwise utilized for revising the whole contract. Also, it is highly impractical to hire new lawyers for this process. In the initial stage of drafting the agreement, it is recommended that couples immediately seek the assistance of skilled and licensed lawyers.

3) Prenuptial agreements contain confidential information. Couples who are planning on marrying in Thailand must only share this data to lawyers who are noted for their integrity and credibility. Although many lawyers claim to specialize on handling marital and divorce cases, couples should be very selective when it comes to their choices.

Only competent legal practitioners can lessen the hassles of processing and registering Thailand prenuptial agreements. Because of their vast knowledge and expertise in this area, the best lawyers can readily provide the most appropriate advice when it comes to creating proposals that are beneficial to both parties.

This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes guides to obtaining a prenuptial agreement in Thailand on its website.

Siam Legal International
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North Klongtoey, Wattana, Bangkok 10110
Tel: 662 259-8100