September 23, 2019

Thailand Prenuptial Agreement

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.

Thailand Family Lawyers

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.

Related Documents:

• Thailand Prenuptial Agreement

• International Prenuptial Agreements :
California
Hawaii
New York
Texas
Illinois
Connecticut
Virginia
• International Prenuptial Agreements Conflict of Law to US

Thailand Paternity Rights

paternity rights thailandThailand law requires that paternity be established either by marriage to the mother prior to the mother giving birth to the child or, through court action. In certain limited circumstances, paternity can also be obtained by an administration legal process. In this regard, a man may be the biological father and have established a relationship with his child, but without having met the necessary legal requirements, may lack the legal rights of a lawful father over his child.

Q: Why are paternity rights important?

A: Paternity rights can be extremely important in court cases deciding child custody or child support issues. A father may decide to move to establish Thailand paternity rights in order to gain partial or full custody over a child. A mother may move to establish the paternity of a father in order to gain child support payments. On the other hand, in some cases, men seek to defend against being ruled as a legal father, and would therefore fight against a paternity case.

Q: What is Thailand paternity law?

A: In summary, a child born to parents that are married to each other is considered the legitimate child of the husband and wife. A child born out of wedlock is, in general, considered the legitimate child of the mother. Accordingly, a birth mother’s legal rights are automatic but the father’s rights are not. A common misconception is that a father’s name on a birth certificate establishes paternal rights, but this claim is incorrect.

Q: Do foreign parents of Thai children have paternity rights?

A: For children born in Thailand, the law for foreign fathers is basically the same as it applies to paternity rights of a Thai father. In order to have rights to one’s child, the father must either be married to the mother or file for paternity rights. In international cases, issues of conflict of laws may arise, and foreign law may become relevant.

Q: What about adoption?

A: In the course of the adoption process, the legal rights of the adoptive parents to a child are established via adoption procedures. The Thailand Adoption process is often used by spouses who are not the biological or birth parents of their spouse’s child.

Q: Is citizenship important?

A: A Foreign parent may establish that their children born to Thai national spouse are citizens of the foreign spouse’s home country. In establishing citizenship, each nation usually will have its own legal requirements. This is normally done through the relevant embassy in Thailand. Careful consideration should be given to establishing dual citizenship of bi-national children, as it can have far-reaching effects.

Thailand Family Lawyers

Q: How is paternity proven in Thailand outside of marriage?

Establishing paternity outside of marriage involves filing court petition and obtaining a court order. Establishing paternity rights of the foreign father, pursuant to foreign (non-Thai) law may have different procedures. Each country has its own nationality and citizenship law. Foreigners residing in Thailand normally carry out this procedure through their embassy.