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Consultation

 

Thai prenuptial agreement

: 10,000 baht.

Most law firm will ask the double to draft a similar agreement.

A prenuptial contract, also called premarital agreement, is a contract between future spouses BEFORE the get married. (commonly abbreviated prenup). It normally explains the division of the property, conditions of guardianshop, and future alimony in case of divorce or separation.

Thai Law do recognize prenuptial agreement in its Commercial and Civil Code (CCCT). For example, clause 1465 mentions:

"Where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chaprter.  Any clause in the ante-nuptial (or prenuptial) contrary to public order or good morals, or provided that the relations between them as regards such properties are governed by foreign law shall be void".

In Thailand, the common property (called Sin Somros) is public order. That means a contract can NOT modify that regime of propery (see clauses 1471 to 1474 of CCCT). So, a prenuptial in Thailand has some limitations but can surely protect your asset, especially in foreign countries.

To give you an example, in the Netherlands, after a marriage, each spouse is entitled of half of the property of the other spouse, even what was acquired BEFORE marriage.

In Thailand, a prenuptial agreement can limit the management of the common property (section 1476) and that could be an excellent protection to avoid some surprises from your spouse! When you get married, you probably don't think about an eventual divorce. But the reality is that half of the marriage ends up with a separation. A good prenuptial agreement can protect your current asset and avoid many problems.

We can easily draft a prenuptial agreement online, with the information that you will provide us. Our price include instruction about how to register your prenuptial agreement. In Thailand, for a prenuptial to be valid, it MUST be register at the local registration office when you get married.

CONTACT US BY FILING A REQUEST HERE. Explain the services required and give us details, a timetable and the most information possible. We should answer you in less than 72 hours.

 

 

 

 

 

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