Having a prenuptial agreement in Thailand is a good way to avoid significant disputes and ensure that the rights and responsibilities of both parties are clearly defined when it comes to property. Prenuptial agreements are written contracts which define the rights and responsibilities of the parties when it comes to their property. In the event of a divorce, a prenuptial agreement will determine the division of assets between the husband and the wife.
The Thai prenuptial agreement outlines all of the assets owned by both parties and details what each of them is entitled to in the event of a divorce. The agreement must be in writing and must be registered at the time of marriage. It must also be signed by each party and be witnessed by at least two people. The agreement cannot be changed after the marriage. Moreover, if one party is underage, the other party must have the consent of his or her legal representative.
The prenuptial agreement primarily addresses the assets and debts of the marrying parties. It is important that the agreement is fair. This is determined by the circumstances of each couple. It is also important that the prenuptial agreement reflects good morals. If a prenuptial agreement is contrary to public order or good morals, it will be void. However, there are some exceptions to this rule.
In Thailand, prenuptial agreements are governed by the Civil and Commercial Code. Section 1465-1469 of the Code outlines the legal requirements for prenuptial agreements. In particular, a prenuptial agreement must be in harmony with Sections 1533-1535 of the Code. Prenuptial agreements must also be approved by a court before they can be enforced. This is because a prenuptial agreement cannot be changed without a court order.
In Thailand, prenuptial agreement clauses are void if they violate good morals. Moreover, if a party fails to obtain the approval of the other party, the agreement may be voided. A prenuptial agreement must also be in compliance with the laws and regulations of the country in which the couple is married.
A prenuptial agreement can be drafted in Thai or English. The contract must be registered in the town where the couple is going to get married. Moreover, it must be notarized. The document must also be authenticated at the Ministry of Foreign Affairs. It must be given to the Registrar at the time of marriage registration.
In Thailand, the Civil and Commercial Code presumes that property is shared between the couple. However, the Thai law allows couples to choose their own property management system. Moreover, the Thai law does not permit couples to bargain away the rights of their children. It requires equal division of the marital property.
The Thai prenuptial agreement lists all of the assets of the couple and debts of the wife. It is important that the prenuptial agreement specifies who is responsible for paying the husband's debts. The couple should also discuss the division of assets in the event of divorce. It is important that both parties have their own attorneys.