Prenuptial Agreement Services for Expats



Prenups for Expats Marrying and Living in Thailand.

Why Have a Prenup in Anyhow?

Most people are aware of prenups exist, but few truly know what they are and why you should have one.

  1. When you already have children, you probably know how you want your estate to take care of your children after your passing. As you are remarrying your assets could become part of common property. In which case your children will not receive your desired share of your estate.  No will can genuinely protect your “separate” properties unless they have been agreed to as declared “separate” properties in a prenuptial agreement and not to be deemed common property before you marry.
  2. Your prenup clarifies financial rights and obligations.  Which means your personal and Business asset as well as your responsibilities for certain debts in case of death or divorce.
  3. It avoids a nasty fight upon divorce. A prenup can ensure specific properties will remain with agreed owners in the case of divorce. It is thus saving unneeded — divorce lawyer fees.
  4. Predetermination on how the family business interests are treated and controlled. You both can agree on how specific business interests are to be handled if you are divorced.

 Your Safety Net 

The one tool that most expats living or planning on living in Thailand fail to take full advantage of is… The prenuptial agreement (prenup) when they get married. Failing to can be even more life-changing decision than getting marriage itself. To know this is true, just as any Thailand wedding planner if they have heard western men they meet.  They bombard them with nightmare stories of failed marriages to Thai partners.   It is not the loss of money these mostly men “bitch” about. What is clearly the loss of trust and self-respect that is the most devastating losses.  Sure about 50% of marriages will end. A prenup is about making sure both parties are not destroyed as people, by this ending of a once dream relationship. That is what well-crafted prenup will help ensure will not happen. A genuinely well-written prenup will ensure self-respect and financial assets stay intact for both parties.

Who can draft a prenuptial agreement in Thailand? 

Many Couples planning to marry in Thailand often desire to write their own prenup in the hope of saving themselves money.  We do not advise this.  The reasons being it will probably not save you much money. I am pretty sure the prenuptial agreement will be affected negatively. Likely not all the essential provisions and proper representation by a lawyer.  Which is in some peoples mind the Key component to ensuring bullet-proof enforceability of a self-written premarital contract at the time of divorce.   

Prenup includes provisions relating to the property status be it the “separate” or “marital or communal ” property if the prenup is needed to be enforced later. So the agreement is worth more than the paper it was written on. 

Recording a prenuptial contract in Thailand is easy.

It must be appropriately filed with the Thai government when the couple registers their marriage legally. This is done at the Khet or Amphur office in Thailand. A contract in Thailand must be written and in the Thai language. It can be in another language as well, but Thai is the official language.  Prenuptial agreements when registered in Thailand, cannot be altered without the court consent.

Contact Us 

For more information on premarital contracts, contact our premarital agreement experts today. 
Our Lawyers have drafted many premarital agreements and can discuss your options with you at your convenience. 

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