Couples preparing to wed may find it wise to draft a prenuptial agreement in Thailand, particularly if they have substantial assets or if one or both of them have children from a prior relationship.
The measures to take when creating a prenuptial agreement in Thailand are as follows:
- Consultation with an attorney is the first stage in drafting a prenuptial agreement in Thailand. The attorney should be knowledgeable of Thai family law. A lawyer may advise on what should be written in the contract and make sure it is enforceable in court.
- Choose which assets and liabilities to list. Both parties are required to disclose all of their assets and debts. Liabilities include loans, mortgages, and other financial commitments, whereas assets include things like real estate, bank accounts, investments, and enterprises.
- Concur on the division of assets and liabilities: In the prenuptial contract, both parties must concur on the division of assets and liabilities in the case of a divorce. This could be a certain proportion or a method for dividing up property.
- Determine spousal support: Spousal support might be incorporated into the agreement if one party is giving up their profession or earning ability to assist the other party. The amount and duration of support can be specified here.
- Make sure the prenuptial agreement conforms with Thai law. It is crucial to make sure the prenuptial agreement complies with Thai law. The parties must both sign the agreement in writing in the presence of two witnesses. Additionally, the agreement needs to be registered with the district or local Amphur office.
In Thailand, creating a prenuptial agreement necessitates serious thought and legal counsel. Both parties must fully disclose their assets and liabilities, and the agreement must be fair and enforceable. Couples can safeguard their assets and guarantee a painless divorce process in the future, should it become necessary, by taking these actions.