A Prenuptial Agreement in Thailand (http://www.siam-legal.com/legal_services/thailand-prenuptial-agreement.php) is valid. In fact, the Thai Civil and Commercial Code carries provisions on prenups. It is also this law which defines the requirements of a valid Thailand prenuptial agreement.
A prenuptial agreement entered into between marrying parties in Thailand must be made in writing, signed by the parties and at least two witnesses. It must not be contrary to public order or public good. The most important requisite for the validity and enforceability of a prenuptial agreement in Thailand is its registration at the same time as the registration of the marriage.
By reason of the last requirement, the couple must never forget to inform the local district officer that they have a prenup when they appear to have their marriage registered. The marriage registration is the only chance for them to have their prenup registered, too. If that sole chance is missed, then consider the marriage to have no prenup at all.
The law likewise defines which provisions shall be considered as invalid. A provision stating that the property relations between parties shall be governed by foreign law shall be void. The Thailand prenuptial agreement shall also not carry an agreement as to how child custody shall be shared in case the marriage produces children, nor how much child support shall be paid by each parent in case the marriage ends up in a divorce.
The prenuptial agreement cannot be altered or amended after the celebration of the marriage, except by authorization or final order of the Court.
The Internet now proliferates of cheap downloadable prenup templates. Legal experts on Family Law strongly advise against using these. Your prenuptial agreement in Thailand must be tailor-made to suit your very needs. It must respond well to the requirements of the law and do away with provisions that may make it void. Rely only on experts who will ensure that your prenuptial agreement can be a tool for a more secure future.
This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes Thailand prenuptial agreement (http://www.siam-legal.com/thailand-law/allowed-provisions-in-a-prenuptial-agreement-in-thailand/) guides on its website.
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