Thai Prenuptial agreement - Thai marriage contracts online
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A prenuptial agreement in Thailand is sometimes called an ante-nuptial or prenuptial agreement is simply abbreviated to 'prenup'. The prenup is a private contract between a couple planning to marry and as such must be in writing, signed in front of 2 witnesses and registered at the local government’s office where the marriage takes place in Thailand. The agreement is created prior to the marriage registration and must be entered together with the legal marriage in the Marriage Register where the marriage takes place. Under Thai law the prenup outlines assets of both parties brought into the marriage and management over marital assets rights during marriage. A prenuptial agreement in Thailand is recognized in the Thailand Civil and Commercial Code. By endorsement or registration in the government's marriage register the public is put on notice of the existance of the prenuptial agreement.
A prenuptial can also outline the couple's (future husband and wife’s) wishes how to divide assets in the event the marriage is dissolved at death or divorce. In general terms; a prenuptial in Thailand is a pre marriage or contract in advance of the marriage relating to property or marital assets between husband and wife which relation would otherwise be governed by Thai statutory marriage laws. The prenuptial contract can be drafted in 2 languages, and is recognized by law as long as
- (1) both parties understand the contract's (prenup's) content;
- (2) its clauses are not against good morals or the law, and;
- (3) is registered at the time of marriage.
If the couple complies with the above basic principles then basically a valid prenuptial contract is created.
A prenuptial in Thailand can include various clauses, but should contain clauses that are enforceable in a Thai court. In the end it boils down to weight given to the prenup in a contested divorce. The family courts in Thailand have in the end to determine the enforceability of the clauses in the contract.
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Prenups: online drafting service in Thai and English by lawyers. About prenuptial agreements special marriage contracts in Thailand.
