Process of drafting a Prenuptial
Do you understand the process of drafting a Prenuptial? Thailand prenuptial agreements have been widely acceptable mostly in Western countries. However, in Asia, this has been a very sensitive issue that needs to be addressed especially here in Thailand wherein Buddhist religion is observed.The signing of a prenuptial agreement in Thailand is necessary for those couples who wants to secure themselves with their assets in case of a divorce.
Process of drafting a Prenuptial
It would highlight and specify the necessities to be done when marriage would fail which would be hassle-free when things will into fall perfectly into place.
The prenuptial agreement in Thailand would be best arranged and decided with separate legal counsel to better explain to the other party and to be negotiated before drafting the contract. It will also be translated both into the Thai and English languages. With this, it would be recognized overseas as it has English translations of the said contract.
Points to consider in drafting a prenuptial agreement in Thailand.
- It is a pre-marriage contract and should be finalized before the marriage registration. It is necessary to have the agreement registered and signed before the marriage.
- Under Thai Law, the prenuptial agreement should be signed in front of two witnesses and also registered on the day of registration at the district office or “Amphur”. Failure to have it registered on the date of actual marriage would mean that the contract is invalid.
- Prenuptial agreement cannot be altered nor updated. If by any chance there would be amendments or revisions, these will only be allowed through court’s approval.
- Prenuptial agreement can be drafted and presented in two languages, Thai and English, which provisions in the contract be understood by both parties, and that the clauses do not violate moral grounds.
Efficiency is very important when drafting a prenuptial agreement, thus, assistance from competent lawyers be needed. It is necessary to hire the services of lawyers who are familiar with Thai laws as accurate details must be included in the contract.
Knowing the importance in hiring a law firm to handle the drafting of your Thailand prenuptial agreement is essential.
Drafting a prenuptial agreement in Thailand holds an important part of the married parties as incompetent law firms may end up with the couple having misunderstandings and issues in case of a divorce. Detailed information, arrangements and negotiations should be specifically highlighted and noted in the contract to avoid misunderstanding. always take legal advice when it comes to the prenuptial agreement in Thailand.
When prenuptial agreements are drafted poorly, it will lead to delays and further contention. It would specifically apply when divorce did not end well between both parties or in the event of death of one spouse. Thai prenuptial agreements involve confidential information and these details should only be shared to accredited and credible lawyers in Thailand. This is the basic process of drafting a Prenuptial in Thailand.
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