What can Not be in a prenup.
Commonly known as a prenup, prenuptial agreement basically refers to the agreements or deals in which the couple enters prior to entering in one of the beautiful relationship “marriage”. In modern societies these days, it is undoubtedly true that such a social trend is on its rise, offering growing affluence on the local demography.
What cannot or should not be in a prenup as it can cause problems later? At the time of writing your prenup, it might sound right when is written but may cause the prenup to be void.
A large number of couples these days consider the prenup, as one of the practical solutions to deal with the uncertain issues that may arise in the future, one such is the issue of divorce.
Not all about Prenups are common knowledge.
Unless you are a prenup lawyer, you probably don’t really know much about premarital agreements. For instance, did you know that the prenups are said to promote divorce which is unenforceable? Or that you can’t put anything in your prenuptial agreement regarding the religion, child custom and similar other damages for cheating. Before you try to make an effort to fill your own premarital agreement, learn what can and can’t be in a prenup.
It could be quiet tough to get over the biases of asking your husband/wife to sign the premarital agreement. A large number of people still think about how can they ask without making them feel insulted. Filling the prenup is more like a car or a life insurance policy. According to the research, more than 50% of the married couples end up getting a divorce and they think it’s really crazy not to have a prenup. Though a prenup is not something that may protect you from the problems that come from the failed marriage, if drafted properly, it limits the problems to an extent.
“Writing a prenup could be a stressing task, but it is worth when it’s finished. The protection that it offers one will prevent your possessions from being devastated”
Can be in a prenup
- Property ownership either joint or separate
- The property division either on separation or death
- Property inheritance
- Support obligations from the spouse
- Right to direct children’s education and instructions regarding their moral training
In addition, a lot of others can also be included that are not prohibited. For example, you are willing your spouse to designate your life insurance policies as their beneficiary. Issues relating to pets have been one of the concerns as more and more people have started thinking about what will happen to them.
One of the biggest confusions that have been raised among a large number of people is that if they can add the assets acquired after marriage to the prenuptial agreement? Since premarital agreements deal with all kinds of assets, it is allowed to add the assets whenever allowed. This is not the case in Thailand.
What Can’t in a prenup
- Issues relating to children custody or their accessibility to their children
- Potential support provided to the children
- Illegal clauses that also represent immorality
- Fidelity or infidelity clauses are not enforceable such as a clause that says that the support from the spouse is payable if the partner commits to have adultery
- No personal or private data such as having sex routine set can be mentioned in a prenup.
In addition, a lot of other provisions can be added too if the court allows only after paying careful consideration.
Is a will and a prenuptial agreement the same thing?
Where a will in Thailand is a proper document that adds all your possessions and whom they will relate to after your death, a prenup deal is something that also adds your possessions but protects you at both. The time of failed marriage and even after death. When a prenup is being formed, it requires the spouse to leave several assets to the others, allows the spouse to stay in a matrimonial home with set conditions. Making the opposite party feel obliged to change/alter their will and a lot more. Are you considering a prenup this year? Ensure that you learn the basics and get the best in your hand.
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