Prenuptial agreement, in some jurisdictions, is also known as ante nuptial agreement, and in the modern context, termed as a premarital agreement. It is a written contract created by two people before they marry each other. It is usually comprised of a list of all the properties, debts, owned by each individual, and a specification of the property right of each individual after the marriage.
What are the Requirements of a prenuptial agreement in Thailand?
In accordance with the Thai Civil and Commercial Code, a prenuptial agreement requires the following.
- It must be a written contract
- Each party must receive legal consultation
- The parties must sign the prenuptial agreement in the presence of two witnesses before registering the marriage.
- Registration of prenuptial agreement must be done at the local district wherein the parties intend to register their marriage.
How to get a Prenuptial Agreement in Thailand?
The agreement is governed by the Thai Civil and Commercial Code. Since it is an important agreement, before signing the agreement with a Thai national fiancée, it is necessary that you seek legal consultation through a lawyer who is well-versed with the laws of your home country as well as that of Thailand.
Which National Require a prenuptial Agreement?
Citizens of the United Kingdom: UK’s law doesn’t recognize prenuptial agreements. Nevertheless, the court may give it some weightafter considering the content and before making a decision. British and UK citizens must draft a Thailand prenuptial agreement before getting married to a Thai fiancée.
Citizens of Australia:Prenuptial agreements in Australia might be made under the Law Act of 1975. The agreement covers typical topics and the general restrictions apply.
Citizens of the European Union:Prenuptial agreements are supported through continental Europe. Countries like Germany, France, and Belgium recognize prenuptial agreements that are within the bounds of the accepted contracts.
Citizens of Thailand:In Thailand, Thai prenuptial agreement is valid and enforceable under the law of Thailand.
Citizens of the United States:In the United States of America, prenuptial agreements are held valid in all the 50 states. Since 1983, a minimum of 26 states have enacted a version of the Uniform Premarital Agreement Act that encourages the enforcement of prenuptial agreements. The process involves preparing an adequately developed case law, and awell-drafted prenuptial agreement prepared by legal experts, in a manner strong enough to stand strongly against the most challenging scrutiny.
What is the Process of Drafting a Prenuptial Agreement?
Once a notary is authorized to draft the agreement, the following functions would be executed.
- Verification of the authenticity of the signature in a document
- Certification of the identity of the involved parties in an agreement
- Oath and affirmation administration
- Attestation and the certification of some particular classes of documents
- Being witness when both the parties sign the documents
It must be noted that Thailand is not a signatory to the Hague Convention on Legalization of Foreign Public Documents. Hence, parties who have hired notarial services in Thailand may be required to authenticate the notarized document or later legalized at the Ministry of Foreign Affairs of Thailand, or the Embassy of the country to which the parties would present the document.
So, if you’ve been looking out for your concerns on prenuptial agreement in Thailand, get in touch with BLS, and we’d assist you with the process, documents, and every little step associated with it.