Features of Prenuptials

Have you considered the features of prenuptials? Laws in Thailand regarding prenuptial agreements require that the said contracts for Marriage Registration should comply with the laws in Thailand. In most Western countries, a prenuptial agreement is a private agreement which is binding between the spouses and is not registered under the government registry.

Features of Prenuptials

The prenuptial agreement or contract can be written in Thai and another language, and will be acknowledged by law as long as:

• Both parties comprehend the content of such contract or agreement;
• The clauses in the contract are not against the morals of society or the law, and;
• The contract or agreement is signed in front of 2 witnesses and registered with the local district office together with the marriage registration.

If the couple adheres to the above requirements, then a valid prenuptial contract or agreement is created under Thai Law. Any unjust terms, or terms considered immoral under Thai Law will be null and void. Any clause in the said agreement or contract regarding marital property of the husband and wife which are governed by foreign laws shall also be void.

Special Features of Prenuptial Agreements

Also, Thailand does not have the firm due process requirements that most Western authority abide to. A western authority requires both spouses to have separate legal representation, and that the contracts should be reasonable and require a transition period between the date of signing the prenuptial agreement and the date of marriage. It may also require a declaration of assets by each of the spouse to the other (which is based on a theory that one cannot waive an interest on assets one is not aware of).

However, Thai law does not require these due process buffers. Maintenance or alimony in most Western authority may be waived by the spouses. On the other hand, under Thai law, it is stated that spousal maintenance cannot be waived in a prenuptial contract or agreement. Again you should consider the features of prenuptials before marriage.

Spouses who marry in Thailand but decide to live in different jurisdictions need to prepare the prenuptial agreements cautiously. The reason for this is that a prenuptial agreement may not adhere to the laws of all authorities involved. Knowledge of the legal systems of the different jurisdictions should be comprehended. If the concept of a foreign authority can be transferred to a Thai prenuptial agreement, then that would resolve many compulsory issues. At times, it is highly recommended to have different prenuptial contracts or agreement for different jurisdictions.