เว็บไซต์การเรียนรู้ ประภัสรา โคตะขุน: Prenuptial Agreement Drafting Prenup in Thailand

06 มิถุนายน 2555

Prenuptial Agreement Drafting Prenup in Thailand

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Thailand Prenuptial Agreement

Thailand prenuptial agreement or “Thai prenup” is a written contract created by two people before they are married. A Thai 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.”

Thai Prenuptial Agreement is governed by the Thai Civil and Commercial Code. It is important that you seek counsel from a registered Thai lawyer, attorney or solicitor familiar with the laws in your home country and in Thailand before preparing a prenuptial agreement with a Thai national fiancée.

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Requirements

Under the Thai Civil and Commercial Code, there are several requirements for making a Thailand prenuptial agreement:

First, the contract must be in writing.
Additionally, each party must receive separate legal counsel.
Finally, the parties must sign the Thai prenuptial agreement in the presence of two witnesses prior to the marriage registration, and
The Thai prenuptial agreement must be registered at the local district where the parties decide to register their marriage.

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Who needs 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 the 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 Thailand prenuptial agreement for prior to marriage to Thai fiancé.

EU Citizens: Prenuptial agreements are generally upheld throughout continental Europe. For example, France, Germany and Belgium recognize premarital agreements that fall within the bounds of accepted contracts.

Australia Citizens: In Australia, prenuptial agreements may be made under the Family Law Act of 1975. The typical topics are covered and the usual restrictions apply.

Thai Citizens: Thailand prenuptial agreement is valid and enforceable under Thailand Law.

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Process in Drafting Prenuptial Agreement

Our law firm specializes in family law such as marriage, prenuptial agreements, and divorce in Thailand with our well experience foreign and Thailand lawyers, attorneys and solicitors who can draft prenuptial agreements tailored to your specific needs.

Once authorized to perform the duty, a Notarial Service Attorney may execute the following functions:

--- Verification to the authenticity of signatures in a document;

--- Certification of identity of parties to an agreement;

--- Administration of oaths and affirmations;

--- Attestation and certification of certain classes of documents

--- Be witness to the signing of parties to a document.

As Thailand is not a signatory to the Hague Convention on Legalization of Foreign Public Documents, parties who have engaged notarial services in Thailand may need to have the notarized document authenticated or legalized further at the Ministry of Foreign Affairs of Thailand, or at the Embassy of the country to which the document is to be presented.