You can download a sample prenuptial agreement on the internet. However, it is best to hire an attorney to draft it for you. In Thailand, your agreement will be enforced by the law. These agreements help couples deal with the financial ramifications of divorce. They also help the couple resolve their differences in the event of a divorce. While Thai law does not require a marriage license, it is still best to hire a lawyer to draft the agreement.
Prenuptial agreement must be written in the native language of each party
In Thailand, a prenuptial agreement must be written in the respective native language of both parties. If an agreement is written in English, it does not have legal effect in Thailand and is weakened by being drafted overseas. It is also invalid if the bride does not understand what it says. In such a case, it is advisable to have an agreement in the native language of each party.
It must be registered in the official marriage register
Before a couple gets married, they must register their prenuptial agreement with the marriage registration in Thailand. Generally, a prenuptial agreement cannot be modified without court approval. The basic principle is that unconditional love knows no limits, but infatuation can affect the prenuptial agreement. A Thai family law attorney can draft a prenuptial agreement that will be accepted by the Thai courts and upheld in the event of divorce.
It must specify what each party owns
A prenuptial agreement is a private contract that describes how assets will be split between both parties in the event of a divorce or death. Generally, a prenup should be fair, which means each party has to disclose all assets. The agreement should also specify who gets the property acquired during the marriage. Thai laws require both parties to hire their own attorney to negotiate the terms. Fairness can be subjective, depending on the facts and circumstances of the relationship.
It must be written in the native language of each party
In Thailand, a prenuptial agreement must be drawn up in the language of each party. An agreement in the English language, while enforceable in some countries, is not recognized in Thailand. For one thing, the prenuptial agreement may be invalidated if the bride does not understand it, and it may be unenforceable in another country. To prevent this from happening, it is best to have an attorney draft the document.
It must be enforceable
Before tying the knot in Thailand, be sure to make sure your prenuptial agreement is enforceable. It should be drafted in Thai language, and it cannot be in English. An English prenup will not be enforceable in Thailand, and is weakened in other countries. If the bride does not understand what the prenup says, she might not be able to abide by it.