Thailand Prenuptial Agreement
Prenuptial agreements are legal documents that are designed to control the legal results of a divorce. Normally prenuptial agreements deal with financial issues, such as division of assets and alimony and maintenance. However prenuptial agreements can also control more specialized issues such as requiring name changes after a divorce or the ownership of pets. Although child custody and support are issues that many clients want to include in a prenuptial agreement, these issues will not normally be enforced by courts because the welfare and care of children is normally considered an important social issue that must be determined by a court.
Thailand prenuptial agreements have many similarities to prenuptial agreements in other jurisdictions, as well as some important difference. Thai law allows for the registration of prenuptial agreements in Thailand as part of the marriage registration process. In most Western common law jurisdictions, however, prenuptial agreements are private legal documents that are not part of the governmental marriage registration record. This means that if you marry in Thailand, the prenuptial agreement needs to be submitted to the marriage registrar at the time you get married. There will be a record of the prenuptial agreement with a government stamp and filing record.
The requirement that registering a prenuptial agreement in Thailand at the time of the marriage registration in Thailand creates some specialized issues. The registration requirement that the prenuptial agreement must be registered means that the agreement is difficult to contest as being forged, involuntary or signed without understanding. The public filing aspect also means that the document will be public and can potentially be copied and examined by third parties.
International prenuptial agreement planning has specific issues with regard to Thailand. Thailand law requires that prenuptial agreements be registered according to Thailand law and this provision can be enforced by the marriage registrar at the time of marriage registration. This means that if your prenuptial agreement rfers to foreign law the registrar may decline to register the agreement. The problem with this regulation is that many couples who have different or dual nationalities have assets and income from different nations. This therefore presents a challenge with regard to how to register a marriage in Thailand and still protect foreign assets according to foreign law. Solutions may include, carefully worded document drafting, addendum agreement and/or separate agreements for different jurisdictions and careful drafting of agreements.
Chaninat and Leeds has been the providing quality legal services for prenuptial agreements in Thailand since 2001. Our partners and attorneys include experienced Thai and Western attorneys with years of experience in family law, divorce and prenuptial agreements. In additional to our vast practical experience, Chaninat and Leeds partners are recognized experts on international prenuptial law and have published law journal articles on international prenuptial procedures and have been providing seminars and classes to teach other lawyers the procedures for international prenuptial agreements and family law. For decades.
Inrernational Prenuptial Agreements