A Dozen ways to Bulletproof Your Prenupt in Thailand.
Making Your Rrenuptial Work for All Parties. ?
In Order to make sure your Bullet-proof prenup is valid and works best for all concerned it is more than just luck and a few tips. It is a holistic approach to being honest, fair and respectful to all concerned. By law you can do it yourself but much better to seek the help and wisdom of a professional. A professional will advise and guide you to the outcome you want if you need the prenup to be used.
1. It must be in written format only:
Premarital agreements are required to be in a written form to be legally binding.
2. Your Prenup Must be in the Thai language:
It can also be in another language but the Thai version will be considered the correct form.
3. Not Properly Executed:
Both parties must sign their premarital agreement as long as possible before the Marriage registration day. It helps prove no distress.
4. No One Can Be be Pressure to Sign:
Your premarital agreement might be deemed invalid if one of the party is pressured to sign.
5. All must Fully Read It Before Signing:
If anyone asks one of the arty to unknowingly sign a prenup without reading it.
6. Enough Time For Proper Consideration must be Provided:
A reasonable amount of time between signing the prenuptial and the marriage ceremony or registration.
7. Have the Signing Preformed as Soon as Possible:
Right before the wedding ceremony might be construed as undue pressure just before the 200 guests arrive
8. Invalid Clauses within a prenup must be avoided:
A premarital agreement can outline most any financial aspect of the couple’s relationship. it cannot violate the law. It is not uncommon, however, that the court will strike the illegal clause and enforce the remaining clauses of the prenuptial agreement.
9. Provide No False Information:
Any prenuptial agreement is only legal if it is entered into with full disclosure of both parties income, assets, and liabilities
10. A Prenup Must Provide Complete Information:
Failing to provide full and pertinent information is the cause to void the agreement altogether.
11. Provide Independent Counsel to all Parties:
This is not legally required in Thailand but is a way to ensure no reason for one party to question the validity of the document. So best to have separate lawyers explain the rights and responsibilities of each party as outlined in the prenup.
12. Avoid Unconscionability:
A prenuptial must not be written to avoid child support as legally required by law. It must be written to ensure a sense of fairness in the case of a divorce. It must no be seen as a one-sided document.
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