Pre-marital Agreement A pre-marital, or prenuptial, agreement is written to protect each party to a marriage from the other’s debt responsibilities that were incurred before the marriage and to secure each party’s personal assets acquired before the marriage. It may also make provisions for child and spouse support should the marriage end in divorce. Both parties must sign a pre-marital agreement and it must be registered when the marriage is registered. If this does not occur, the pre-marital agreement may be considered invalid.
In some jurisdictions, this type of agreement is referred to as an “antenuptial” agreement. Experienced attorneys in the Juslaws & Consult Family Law Practice advise clients on all aspects of marriage and divorce, including pre-marital agreements. Our professionals have extensive experience in drafting this type of agreement, taking into consideration requirements under Thai law and the legality of the agreement overseas. Advice from a Thai lawyer familiar with the laws governing pre-marital agreements in Thailand and in the client’s home country is essential. Thailand’s Civil and Commercial Code contains a number of requirements that must be addressed when preparing a pre-marital agreement. First of all, a pre-marital agreement must be in writing. Also, each party must have their own, separate legal counsel.
Lastly, the parties must sign the agreement in front of two witnesses before the marriage is registered, and the pre-marital agreement must be registered at the same district office where the parties register their marriage. A pre-marital agreement also protects the interests of other dependents, such as children from a previous marriage or parents, as the arrangements for the disbursement of a party’s personal property can be stipulated in the agreement. This is not the case, however, for properties that are jointly-owned by a couple after they are married. The agreement can result in a more smooth division of assets during a divorce as it typically outlines the provisions for spouse and child maintenance as well. With these provisions in place, a pre-marital agreement can avoid the addition of further emotional strain during a divorce, and considerably reduce litigation costs.