Thailand Prenuptial Agreements between Multinational Couples

While a prenuptial agreement can only cover the property relationship of the man and the woman, there are several advantages such an agreement can provide.
Parties are free to agree on any stipulation and the limitations are generally none except those provided by their own laws.
Prenuptial Agreement, Ante-Nuptial Agreement, Premarital Agreement, Marriage Settlement.
Different jurisdictions use these distinct terms but essentially they mean the same thing.
Various definitions of a prenuptial agreement are as follows:
A written contract entered into by individuals who intend to marry each other where their property relations, including their assets and liabilities and the disposition of their properties in case of dissolution, are stated.
A contract entered into between a man and a woman providing for their property relation during the marriage.
Prenuptial Agreement in Thailand
It is legally-acceptable to have a prenuptial agreement in Thailand. In fact, Thailand laws provide for the substantial and the procedural requirements for a prenuptial agreement to be valid and enforceable.
However, a prenuptial agreement between a Thai national and a foreigner must comply with certain conditions to ensure its validity and to protect both parties from any prejudice. Independent legal advice must be given to each of the parties. The agreement must also be written in their own language to ensure that both parties understood the contents thereof and thus ensure justice and fairness.
Benefits
A Thai prenuptial agreement is especially helpful to those who own substantial properties.
This can help protect your property and your family in many ways.
A clause or provision in the prenuptial agreement may include:
1.A specific mode for the distribution of the assets acquired before, during, or in some instances, after the marriage.
2.Support for either the husband or the wife or both. This is particularly useful in cases where having multiple partners is allowed;
3.A provision providing for the support of children of previous marriage as well as their future children;
4.A waiver of rights for the share of the other in an enterprise or share in a corporation held by a closely-knit individual or family;
5.A provision to keep the family business intact;
6.A provision prohibiting the other spouse to share in a particular property which is owned by the ancestor from one side;
7.A provision to ensure that a particular property shall be kept within the same line from which it came from.
A well-prepared Thai prenuptial agreement would greatly help in keeping the harmony and peace within the family. Harmony and peace which is largely dependent on the security and stability provided by properly drafted prenuptial agreement.
A prenuptial agreement in Thailand can also avoid future litigation and will consequently save you from legal expenses associated in contesting property and custody issues in court.
Legal Requirements
To be valid and enforceable, it is specifically required under the law of Thailand that a pre-nuptial agreement be:
1. in writing;
2. signed before the marriage;
3. registered in the Marriage register;
4. witnessed by at least two individuals.
In case of a multinational union, the domestic law of the foreign individual should also be taken into consideration. The possibility of additional or different requirement may be present and must be complied with.
Limitations
Any clause in the ante-nuptial agreement, which is contrary to the public order or good morals, shall be void.
Conflicts
There are some countries which do not recognize prenuptial agreements and there are some which provides for an entirely different requirement for a prenuptial agreement to be valid and enforceable. For this matter, consulting a legal expert in this field is necessary in order to avoid problems and future litigation.
Your lawyer should understand the laws of Thailand as well as the applicable International Laws and Principles.
A common issue would be the application of the Thailand law vis-a-vis the national law of an individual. Conflicts between the national law of one of the couple and Thailand law, or the national law of each individual (marriage between two individuals of different nationality) and the Thailand law, who happen to celebrate their marriage in Thailand may arise.
The prenuptial agreement can specify which Law shall apply in case of litigation and can require that the case be adjudicated in a particular forum. Some States recognize the Law of Thailand regarding prenuptial agreement but some States adhere strictly with their own national law.
A lawyer who is an expert in family law and is duly acquainted with Thailand laws can help you avoid any of the technical and legal complications that may arise. Proper legal advice is necessary for the couple especially if they are of different nationality.
Finally, marriage is not forever. In one way or another, it will end, naturally by death of one or both parties, and in many instances by separation or divorce. Anticipation and preparation for the future is a great help to ensure that your family will be taken cared of. It may not be romantic but it will surely save you from all worries, anxiety, embarrassment, discomfort, and uncertainty a court case may bring
ABOUT THE AUTHOR: Dennis P. Ramm
Dennis P. Ramm is Partner with Siam Legal International which is Thailand Largest Legal Services Network with offices in Los Angeles, London, Manila and Bangkok. Dennis works with American Attorneys, UK Solicitors & Barristers, German Lawyers, and Australian Solicitors providing Thailand family law services including Thailand Prenuptial Agreement, Thai Marriage and Thailand Divorce. Dennis has over 30 years of management, government and business experience.