The Thai Civil and Commercial Code (CCC) is used to draft a Prenuptial Agreement in Thailand, and couples should consult with an attorney familiar with this legal code when drafting the agreement. A well-drafted Prenuptial Agreement should help protect a couple’s assets and property in case their marriage ends in divorce.
A Prenuptial Agreement is a contract made between two people before they get married that lists all of the assets and debts that each person owns. It also specifies what rights each party will have if they break up in the future.
In Thailand, the law allows for Prenuptial Agreements to be filed before a marriage is registered in order to make sure that each party will be entitled to all of their property after the marriage. Filing a Prenuptial Agreement in Thailand is especially important for foreigners who are marrying a Thai partner and are looking to protect their assets and properties.
Unlike other countries, the laws in Thailand are quite strict on filing a Prenuptial Agreement. In fact, if you don’t follow these specific rules, your Prenuptial Agreement could be considered invalid and not enforced by the courts in Thailand.
This is because Thai law considers a Prenuptial Agreement to be a private Thai contract (not a public marriage contract). In order for a prenuptial agreement to be valid under the laws of Thailand, it must be entered into the government’s “marriage register” along with the registration of the marriage and signed by both parties in front of two witnesses.
Once the prenuptial is registered in the marriage register, it becomes a legal document that will be enforced by the court in any subsequent divorce proceedings. In addition, it puts the public on notice of the existence of the Prenuptial Agreement and enables anyone who is interested in the terms of the Prenuptial Agreement to see them.
Another benefit of a prenuptial agreement is that it can provide a couple with simple proof in the event of a future divorce. This can prevent unnecessary arguments over property ownership, as both spouses will have already listed their personal possessions in the agreement.
In order to have a prenuptial agreement enforceable in a divorce case, it is best to have the document drawn up and signed by both parties before the wedding. This will give both parties an opportunity to re-examine the terms of the agreement, and ensure that it is fair for everyone involved.
The prenuptial should also be filed with a notary public before the ceremony, as this will provide some protection for the party who signs the document. In addition, it can also serve as a means of putting the agreement into law if it is later contested by the other party in a divorce proceeding.
A Prenuptial Agreement should also specify what happens to each partner’s non-marital property in the event that the marriage ends in divorce, as this will ensure that they will not be left with any unpaid bills or alimony. It can also protect a person from inheriting the debts of their spouse, as this is usually a major reason for couples seeking a divorce in Thailand.
