Q: Do I need a prenuptial agreement?
A: With divorce rates as high as 50% in some areas, many persons contemplating marriage consider a prenuptial agreement to be an intelligent financial investment. Without a prenuptial agreement, any division of assets, maintenance or alimony payments ordered pursuant to a divorce will be decided pursuant to the relevant law, rather than personal choice.
Q: How secure is a Thai prenuptial agreement?
A: A Thai prenuptial agreement is registered with the Thai government at the time of marriage. Thai courts, in divorce cases will generally follow a lawful Thailand prenuptial agreement. Lawful Thai prenuptial agreements are upheld by Thai courts as a routine matter. Family courts in Western or Common law jurisdictions are more likely to strike down a prenuptial agreement based on legal or equitable grounds than a Thai court. However, a prenuptial agreement may be upheld in court outside f Thailand depending on the law of that nation.
Q: What is the difference between a Thailand prenuptial agreement and one drafted in my home country?
A: One of the main differences is that, according to Thai law, a prenuptial agreement is registered with the Thai government before the marriage takes place. In the US and other common law countries, a prenuptial agreement is generally a private agreement between parties and is not registered with the government.
Q: Does it matter if I get married in Thailand or my home country?
A: In the event that the marriage ends in divorce, the location where the marriage was registered will help decide where divorce proceedings are held and what nation or state’s law is applied. International divorces raise complex issues regarding what nation or state’s court has jurisdiction and what national law is applied to the case. Asset protection should be considered at the prenuptial stage of the marriage.
Individuals have different priorities and objectives when marrying, however, and must decide which type of arrangement might fit their needs best. Consultation with a qualified attorney is advised.
Q: Can I specify property, financial, and child support divisions in my Thailand prenuptial agreement?
A: Under Thai law, you may be able to specify the division, categories and control of marital assets. Assets may be classified as community property and separate property. You can also specify how finances will be managed during the marriage. However, restrictions on the amount child support and alimony are generally not followed.