Thai Prenuptial Agreements
The Thai penup or prenuptial agreement in Thailand give protection to those who wish to have their assets protected when getting married in the event of a divorce. The prenuptial has to be drafted to protect not only your assets but also other investments and business partnerships be they in Thailand or abroad.
When drafting a prenuptial agreement, you will need to ensure that the agreement also conforms with the laws of your home country. This is very important as you might need this if you get divorced in your home country. The laws of Thailand are not going to mean much it that case. It is always prudent to speak to a family lawyer in Thailand about your agreement as well as disclose which assets you have both in Thailand and at home.
If you are going to register your marriage in Thailand, then you will need to register the prenuptial agreement in Thailand at the same time as the marriage. If this is not done, then you are going to need a costly court application to have this done. If you are going to use an attorney in Bangkok to register your marriage, then let them also draft and submit the prenuptial agreement for you. Many US nationals tend to register the marriage with the prenuptial agreement and then apply for a US marriage visa in Thailand once this has been completed.
If you have assets such as stocks and bonds, then you will have to cover this with your prenuptial agreement as well. It is always prudent to seek legal advice on these matters. If you own a company or are a partner in a business, then you will have to include this as well as many divorces become a bigger problem when there are issues with partnerships. These normally do not work out well and usually is settled with a buyout by the other party. With the divorce, these negotiations normally end with a lower than expected settlement.
Even though as a foreigner you cannot own land, you might have invested in land in the name of your wife. You have no claim on this asset however you can trade the value of the asset as part of a divorce settlement or have an family lawyer in Thailand look at structuring your prenuptial so that compensation in a divorce is covered by the loss of that asset. There are also other methods of protection such as superficies, lease agreements or a usufruct over the property.
Marriage is a major event in most people lives. Ensure that you put your best foot forward to ensure that you have your assets covered. Speak to a family lawyer before you sign any agreements or before you get married in Thailand.