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• Thailand Prenuptial Agreements: International Issues

Does a Thailand marriage require a prenuptial agreement?

Although litigation can be an unpredictable process and the laws of different countries may vary, an individual with significant assets, or even an individual who is merely careful about his/her financial future, may find it beneficial to have a prenuptial agreement. In the event of a divorce, a prenuptial agreement can assist with dividing the marital assets. In the absence of a prenuptial agreement, rights in a divorce court proceeding may be decided according to the existing law and the discretion of a trial court judge and may not be in your favor.

What is the difference between Thailand prenuptial agreement and that of a Western jurisdiction?

The main difference is that, according to Thai law, a prenuptial agreement is null and void unless it is officially registered in Thailand before the marriage. In the US and other western countries, it is generally a private agreement between parties and is not registered with the government.

I am a foreign national and want to bring my Thai fiancée to my home country. What type of lawyer should I hire for the prenuptial agreement?

You should hire a skilled international lawyer competent in the laws of both Thailand and western nations with practical experience in divorce litigation of both jurisdictions. A Thailand law firm with divorce attorneys experienced in international jurisdiction issues will have the ability and knowledge to draft a prenuptial agreement that can best meet your objectives.

Does it matter if I get married in Thailand or my home country?

Yes. There are issues concerning conflicts of law and the applicability of those laws. In the event of a divorce, where the marriage was registered will have an effect on which jurisdiction the divorce proceedings are heard. In general, your assets will be better protected if your marriage and prenuptial agreement are registered in Thailand because the divorce proceedings are more likely to be held in a Thai court. Prenuptial agreements are not registered in Western countries.

Which types of property division can I specify in a Thailand prenuptial agreement?

Under Thai law, you may be able to specify the properties involved and separate them into two categories joint property and individual property. You can also specify how finances will be managed during the marriage. However, restrictions on child support are generally not allowed.