Pre Nuptial Agreement

Thailand laws, tips and advice.
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karonsteve
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Pre Nuptial Agreement

Post by karonsteve » January 16, 2020, 11:48 pm

An acquaintance is concerned for his older friend who wants to get married and asked me some questions which I cannot answer. I would appreciate some help.

Is a pre nuptial agreement legal in Thailand and can it be effectively enforced?
If his wife has debt before marriage can the lender legally come after him for repayment?
Ditto any debt after marriage?
The same again if her children have debts.

The only advice I have offered so far is that if he is worried about this he should ask himself why he is getting married and that he should only bring to Thailand what he can afford to lose.



jackspratt
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Re: Pre Nuptial Agreement

Post by jackspratt » January 17, 2020, 8:18 am


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karonsteve
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Re: Pre Nuptial Agreement

Post by karonsteve » January 17, 2020, 8:41 am

Thanks for the link Jack but I am not in Udon at the moment.

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Re: Pre Nuptial Agreement

Post by Udon Map » January 17, 2020, 10:08 am

karonsteve wrote:
January 17, 2020, 8:41 am
Thanks for the link Jack but I am not in Udon at the moment.
The general answer is that a properly written and executed pre-nuptial agreement can be enforceable in Thailand provided that it meets the requirements of Thai law. Legal requirements differ from jurisdiction to jurisdiction, so if your acquaintance's friend is not in Thailand (or possibly a resident of Thailand), he also needs to keep in mind that the agreement should meet the requirements of both countries so that there is no question.

Bottom line? Your acquaintance's friend needs to see a lawyer. Pre-nups are complicated transaction with multi-jurisdictional issues. Even if the guy and his fiancée are both residents of Thailand, the physical location of any assets to be covered by the pre-nup may be relevant, too, such as real property or financial assets.

anefarious1
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Re: Pre Nuptial Agreement

Post by anefarious1 » January 17, 2020, 10:55 am

Simply keep most of your net worth in your home country and a prenup is unnecessary.

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