In Thailand, the Thai Civil and Commercial Code is used to draft marriage contracts. For this reason, you should talk to a lawyer when drafting and filing this type of contract. You should work with a lawyer who is familiar with the Thai legal code. If the couple changes the terms of the marriage contract without the consent of the court, it will be assumed that the agreement has not been changed. If your marriage is divorced, you can apply for either an uncontested/administrative divorce or a disputed divorce. An undisputed divorce is easier to file because the process is faster and costs less. Each party does not have to give a reason for the termination of the marriage, because their mutual consent is sufficient. A marriage contract in Thailand must comply with the above 3 points. Independent legal advice for your Thai fiancée is not a prerequisite for the applicability of marriage in Thailand, especially because the marriage must be registered in the Marriage Register and all unfair terms of the spouse are considered null and void under Thai law. If the marriage contract is concluded between a Thai citizen and a foreigner, the law of the foreigner`s country of origin may affect the validity of the agreement. If you do not have a prenup, all the assets you acquired during your marriage will be divided equally.
The same principle applies to unmarried couples who have lived together for a long time. If you are not married and have this type of housing, you should talk to a lawyer. He or she can create an agreement that can be used to divide your assets in the event of a split in the relationship. According to Thai law, certain conditions must be met when drafting a marriage contract. Foreigners who enter into a marriage contract in Thailand must also have the contract certified by the Thai Ministry of Foreign Affairs or at the embassy of the country where you wish to present the agreement. Once the marriage contract is executed, i.e. after the marriage, it can only be changed with the consent of the court. Prenuptial agreements can also protect one spouse from the debts of the other. Under Thai law, a marriage contract protects one partner`s assets from the other partner`s debts. This way, if your future spouse has a secret credit card debt, debt collectors won`t be able to seize your property to pay it off. Contact Acclime today to help you create your prenuptial agreement and make sure the contract is valid. This is not a requirement under Thai law to enter into a valid agreement, but the existing important financial information (ownership and debts of each) is usually listed in the annexes of the marriage contract registered in Thailand at the time of marriage.
In any case, it is recommended to make a personal settlement of all personal property at the time of marriage and prove it in writing. U.S. CITIZENS: Marriage contracts are valid in all 50 states. In fact, since 1983, at least 26 states have adopted a version of the Uniform Law on Prenuptial Agreements, which promotes the enforcement of prenuptials. The case law is developed to such an extent that a well-formulated marriage contract, properly prepared by a lawyer of both parties, can withstand the strictest scrutiny. Marriage contracts have many advantages. When couples list in writing what they own and who owns what, they can avoid future disagreements over assets. Marriage contracts can give both spouses security. A relatively wealthy person can make sure that their future spouse doesn`t marry them for the money, while someone who doesn`t feel financially independent feels confident that they know exactly how to take care of them when the marriage gets angry. If the couple meets the above conditions, a valid marriage contract is usually concluded under Thai law. All unfair terms in marriage or conditions that violate morality under Thai law are null and void.
Any clause in the contract that the relationship between husband and wife is to be governed by foreign law with respect to matrimonial property is also null and void. A marriage in Thailand is a Thai private contract (model contract) that was entered into prior to marriage with respect to personal and matrimonial property between husband and wife, which would otherwise be subject to legal matrimonial law. Thai law requires that the prenup be made before the marriage and that it be registered in the government`s “marriage register” with the marriage. By advocating it or entering it in the government marriage register and noting it on the marriage certificate, the public is informed of the existence of the marriage. A marriage (i.e. a contract before marriage) can no longer be concluded after the declaration of marriage. If the prenup is made before the marriage but is not registered with the registration of the marriage, the agreement is void (§ 1466). Please contact a family law lawyer if you would like to draft a marriage contract for you. A prenup is a contract that a couple enters into with each other before getting married. It is also known as a prenuptial contract or prenuptial contract.
The purpose of a marriage contract is to determine in writing which property belongs to which spouse and to decide in advance how the property will be divided if the marriage is divorced. Getting a wedding type agreement in Thai and English in Thailand can be quite easy and inexpensive if you download the contract template from this website and simply fill in the missing personal data. The agreement between the husband and wife must relate to property and not to other matters such as guardian or divorce. If the agreement conflicts with public order or moral property, it is also void. Marriage contracts must be written and signed before the marriage. At least two witnesses must be present. Thai law states that any clause in a marriage contract that violates public order or morality is void. .