Essential details of the development of a matrimonial agreement in Thailand: Section 1466. The pre-marriage agreement is invalid if it is not registered in the marriage register at the time of marriage registration; or, if not in writing and signed by both spouses and at least two witnesses and entered into the marriage register at the time of marriage registration, which stipulates that the antenatal is therefore annexed It is advantageous to have a Thai marriage agreement in the event of divorce thereafter, for assistance in the division of marital property. In the event of death with the husband or wife, the marriage agreement ensures that you have over-characteristics that you wish to pass on to a beneficiary, in which case it is not automatically passed on to your spouse. It would ensure that future marriage does not undermine the financial security of children or grandchildren. They cannot agree on other issues such as detention, divorce, etc. Under Thailand`s marriage laws, the Prenup essentially describes the property of both parties, which were introduced into marriage and administration, as well as marital property during marriage, listed in Section 1476 of the Civil Code and the Code of Commerce. A spousal pot may also set out the couple`s wishes regarding the distribution of marital patrimony in the event of dissolution of the marriage with death or divorce, but in a controversial divorce, the court in Thailand must determine the applicability of such clauses and compliance with Thai laws. All terms that do not conform to the nature and principles of Section 1533 (marital property is divided equally between men and women) and Section 1535 (the spouse is also responsible for the common debt) are considered in violation of the law and are therefore non-avenues. It is recommended that you seek the services of a well-established law firm in Thailand or a Thai family lawyer who is familiar with the laws of your home country and Thailand before entering into a conjugal agreement with your Thai fiance. In the absence of the marital agreement, the rights of a divorce court in Thailand can be determined in accordance with existing law. The Prenuptial Agreement Thailand is the provision or agreement that a couple who is willing to register a marriage has agreed on how they can manage or share their individual property. And this agreement can be implemented instead of using the provisions of Thai family law. A marital agreement may contain international elements, but there is no “international marriage agreement.” In the case of a marriage between a spouse and a wife of different nationalities, the pregnancy could, for example, include a provision that the couple must determine the couple`s right to their matrimonial regime (some allow you to determine the right of a state in which the spouse is a national at the time of marriage and designation).
This is especially important for foreigners who are getting married in Thailand and if there are assets in another jurisdiction that you wish to protect and/or if you plan to live in another country after the breakdown of marriage. Note that a marital agreement you enter into in Thailand under Thai law may not always be fully recognized in other countries (and vice versa) or that there is a legal conflict between the different legal systems.