Speak to a divorce lawyer in Thailand about the advantages of a Thai prenuptial agreement. The agreements are not very common in Thailand. This as Thai law regulates the property in marriage differently as would be done in the West. If you are going to be taking your Thai wife back home then a prenuptial agreement is very important if you have large property or pension and investment funds back home.
Today more than 40% of marriages in the US ends in divorce. Many do see the advantages of having a preputial agreement before getting married in Thailand and registering this prenuptial agreement at the same time they register their marriage in Thailand. What advantages does this agreement hold today?
1. You can normally lower your cost of divorce. If you live in Thailand and married to a Thai and own a house in your wife’s name then a usufruct over the property might also be a very good option;
2. The prenuptial agreement protects your property abroad if you are on your second marriage;
3. Prenuptial agreements also affect your last will and testament which you need to discuss with your attorney in Thailand;
4. If you own a business in Thailand then a prenuptial agreement will also protect the business as well as your business partners in the event of a divorce;
5. The last and most important options is protecting your assets from creditors which might be after the assets of your wife for debts.
Prenuptial Agreements 5 issues
These 5 reasons are important enough to consider a prenuptial agreement if you are moving back home of living in Thailand. Note that if there is no prenuptial agreement then the property is managed and viewed as being under section 1465 of the Civil and Commercial Code of Thailand. See the writing on this website about divorce and assets in your marriage.
Registration of the prenuptial agreement is very important as you need to register this at the same time as your marriage registration and not later. If it is registered after the marriage has been registered then it will be viewed as being void. Note also that there needs to be two competent witness. This as described in section 1466 of the Civil and Commercial Code.
Of interest to many would be that you cannot add amendments after the prenuptial has been registered. This even if both parties agree to the changes. Speak to a competent family lawyer in Thailand for guidance and advice before you get married in Thailand. Think of a prenuptial as a necessary evil before a marriage. This can save you money later if things do go wrong.