Prenuptial and Divorce
Prenuptial and divorce is important to understand. What is a prenuptial agreement and how does it come to play in a divorce? This is a contract which lists all the assets or properties of each individual, as their personal ownership. It specifies and highlights what properties to retain and share, and your rights on certain property in case the marriage will end up in a divorce.
Prenuptial and Divorce
In Thailand, prenuptial agreement is governed by the Thai Civil and Commercial Code. Like other countries, drafting a prenuptial agreement has been well recognized and accepted. This contract gives security not only financially to the marrying party, but saving both in the future for emotional stress with divorce matters which does not exempt distribution and claim of properties and assets of the couple.
Most divorce cases lead to conflicts which are not limited to personal differences, but including the claim of one’s properties and assets gathered before and during the marriage. Thus, this prenuptial agreement gives particular and specified arrangement without having the need to undergo stress, conflicts and pressures in the middle of divorce and at the time of divorce.
There are certain conditions that one must include, this can be arranged and discussed. Some provides in detail the claims based on length of marriage, percentage on certain properties and share on assets during the marriage. Even for some it may include if one or the other is at fault and to what extent they are to claim in such properties or assets. Also, the benefits if having a child. These specific conditions are being addressed and agreed by the couples. This would allow the couple to explore their views as to protect themselves against short marriages.
Drafting a Thai prenuptial agreement requires each couple having his or her own legal representation, each couple must sign the Thai Prenuptial Agreement together with witnesses prior to registering the marriage in Thailand, thus, it is important to have the agreement both drafted in Thai and English language. And this agreement should be registered on the day of marriage registration at the district office.
The prenuptial agreement in Thailand will not be declared as legal unless it has been submitted and registered at the district office. Negligence in doing so would make the contract invalid.
Seek assistance from an expert Thailand Family lawyer to know more about the process.
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