Some marriages see the benefit of having prenuptial agreements. This is usually the case when one or both parties have properties they want to protect from being considered as part of the conjugal property when a couple gets married. If a spouse has businesses that involved other people, the spouse may elect to keep those businesses as separate from what can be considered communal property of husband and wife. In the same manner, that if a spouse has children from first marriage, the properties that rightfully belong to them should not be included in the new marriage’s conjugal property.
In Thailand, having a prenuptial agreement is an accepted practice. The prenuptial agreement in this country is governed by the Thai Civil and Commercial Code. A prenuptial agreement is a written contract created by a couple before marriage. The agreement lists all of the property, assets owned by each person and debts owed by the same person. The agreement will also spell out what the property rights will be after the marriage. A person can stipulate in the prenuptial agreement assignment of each property. And such stipulations will be honored in the event of death of the person or in the event of divorce or dissolution of marriage.
If a couple has made a prenuptial agreement, the Thai courts will recognize the agreement as a valid document if it was made before the marriage and entered in the government marriage registry. It is considered valid if the clauses are not against good morals or the law and if the agreement is signed in front of 2 witnesses and entered into the marriage register along with the marriage.
A spouse that initiates a prenuptial agreement has the following interests:
In order to make sure that the prenuptial agreement stands in Thai court, seek counsel and legal advice from a registered Thai lawyer who is familiar with the local Civil Code.