Prenuptial Agreements in Thailand

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alan crisp

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Prenuptial Agreements in Thailand


Thai Prenuptial Agreements are authorized by law in Thailand. Prenuptial or Antenupitial Agreements must conform to the Civil & Commercial Code in Thailand. It is important that you seek counsel from a registered lawyer, attorney or solicitor familiar with the laws in your home country and in Thailand before preparing a prenuptial agreement with a Thai national fiancé. Our law firm specializes in family law (marriage, prenuptial agreements, and divorce) in Thailand with our well experience lawyers, attorneys and solicitors who can draft prenuptial agreements tailored to your specific needs.

History of Prenuptial Agreements


Prenuptial agreements have been around for thousands of years. The practice dates back to the ancient Egyptians. Many years ago, the parents of the bride and groom negotiated the agreement on the new couple’s behalf. In the present time, engaged couples do their own negotiation, however family members often provide feedback to the new couple who will enter into marriage.


Definition of Prenuptial Agreement


A Prenuptial Agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.
In some jurisdictions, a prenuptial agreement is known as an “antenuptial agreement,” or in today’s terminology, as a “premarital agreement.” The word “agreement” is sometimes substituted for “contract” as in “prenuptial contract.”

Who Should Make a Prenuptial Agreement?


US Citizens: Prenuptial agreements are valid in all 50 states. In fact, since 1983, at least 26 states have enacted a version of the Uniform Premarital Agreement Act, which encourages enforcement of prenups. Case law is sufficiently developed that a well-drafted prenuptial agreement, properly prepared by counsel for both parties, can withstand the toughest scrutiny.

UK Citizens: Prenuptial Agreements are not recognized by law in United Kingdom. However, some weight “may” be given by the court; it will nevertheless take the content of the agreement into account when reaching its decision. It is strongly recommended for British and UK Citizens to draft a prenuptial agreement for prior to marriage to Thai fiancé.

EU Citizens:

Australia Citizens:

Thai Citizens: Prenuptial Agreements are valid and enforceable under Thailand Law.

Anybody ever done one of these :?

Also is you Thai marriage legal in England if it has never been registered there :?
BTW...I haven't got a pre-nup ( I've got FA :) ) and never registered my marriage at the Embassy .....:)
 
It is not necessary to register a UK/Thai marriage at the British Embassy. I wrote and told them of mine and they said they would merely note it., But a Thai marriage is recognised as lawful in the UK

For pensions etc, the marriage certificate needs to be produced.
 
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