With regard to marriage contracts, Thai law requires that marriage contracts for Thai marriage registrations comply with Thai law. In many Western jurisdictions, a marriage contract is a private contract that is exchanged between the parties and is not registered with the government registration. Under Thai law, this is not a prerequisite for entering into an agreement in force, but significant existing financial information (ownership and debt of each) is normally included in the annexes to the marriage contract registered in Thailand at the time of marriage. In any case, it is recommended to draw up a personal assessment of all personal property at the time of marriage and to keep written proof of this. Thai law stipulates that any clause in a marriage contract contrary to public order or morality is null and void. This restriction prevents highly unilateral marriage contracts that significantly derogated from Thai laws governing the management of marital property. Thailand has specific procedural requirements that must be met in order to establish a valid marriage contract. Unlike countries like the United States, where the marriage agreement is treated as a private agreement, the Thai government is effectively involved in marriage contracts. Thailand requires couples to register their marriage contract in the government`s marriage registry before they marry. (Chapter IV, Section 1467). Thailand has an additional requirement that the marriage contract be signed by both parties and two witnesses.
(Chapter IV, 1466). If the couple does not meet either of the two requirements, the agreement is not valid and is not applicable in Thailand. Foreign courts applying Thai law to the couple`s marriage contract will also find that the marriage contract is null and void and refuses to enforce it. Couples who wish to avoid this should go to a lawyer who is familiar with Thailand`s procedural requirements. AUSTRALIAN NATIONALS: In Australia, marriage contracts can be entered into under the Family Law Act 1975. Typical themes are covered and the usual restrictions apply. Tags: Divorce in Thailand, marriage contract in Thailand, marriage contract, Thai marriage conditions, Thai marriage restrictions, Thai marriage contract U.S. citizen: Marriage contracts are valid in all 50 states.
Indeed, since 1983, at least 26 states have passed a version of the Uniform Premarital Agreement Act, which encourages the enforcement of prenups. The case law is sufficiently developed that a well-drawn marriage contract, duly prepared by a lawyer for both parties, can withstand the most rigorous scrutiny. If couples list in writing what they own and who owns what, they can avoid future disagreements over assets. Marriage contracts can ensure the safety of both spouses. I am a foreigner and I want to take my Thai fiancé to my country. What kind of lawyer should I hire for the marriage contract? Getting a Thai and English-speaking marriage contract in Thailand can be quite simple and inexpensive if you download the model contract from this website and simply fill in the missing personal data….