Prenuptial in Thailand By Dr. KIETTISAK PHANTAWONG icothai@gmail Hotline: 081-951-1100 Our Thailand law firm specializes in international prenuptial agreements and is uniquely qualified to assist with drafting prenuptial agreements (“prenups”) to safeguard your assets for the future. Our Thailand attorneys are licensed in both the US and Thailand and we literally have decades of experience in prenuptial law, marital law and divorce law. Our bilingual staff includes a Thai law professor whose expertise is in Thai family law; a US attorney who specializes in Thai-US divorce and prenuptial law; and Thai litigation attorneys who are battle hardened veterans in winning divorce cases. When you are serious about protecting your assets, you want a law firm of experienced lawyers with extensive courtroom divorce experience that understands the practical realities of enforcing a prenuptial agreement in a divorce case. Prenuptial FAQs: 1) Do I need a prenuptial agreement? 2) What is the difference between a Thailand prenuptial agreement and that of the US or another Western jurisdiction? 3) I am a foreign national and want to bring my Thai fiancée to my home country. What type of lawyer should I hire for the prenuptial agreement? 4) Does it matter if I get married in Thailand or in my home country? 5) Which types of property division can I specify in a Thailand prenuptial agreement? 6) Are there any other precautions I should take when considering Thai and foreign prenups? 1) Do I need a prenuptial agreement for a Thailand marriage? Although litigation can be an unpredictable process and the laws of different countries may vary, an individual with significant assets, or even an individual who is merely careful about his/her financial future, may desire to have a prenuptial agreement. Prenuptial agreements can help create a financial plan that can be managed through the course of marriage and in the event of a divorce, to control the division of assets between the husband and wife. Without such a premarital agreement your rights in a divorce court proceeding may be decided according to the existing law and the discretion of a trial court judge and may not be in your favor. 2) What is the difference between Thailand prenuptial agreement and that of the US or another Western jurisdiction? One of the main differences is that, according to Thai law, a prenup is null and void unless it is officially registered in Thailand before the marriage. In the US and other common law countries, the prenup is generally a private agreement between parties and is not registered with the government. 3) I am a foreign national and want to bring my Thai fiancée to my home country. What type of lawyer should I hire for the prenuptial agreement? You should hire a lawyer competent in the laws of both Thailand and western nations with practical experience in divorce litigation of both jurisdictions. A Thailand law firm with divorce attorneys experienced in international jurisdiction issues will have the ability and knowledge to draft a prenup that can best meet your objectives. Prenuptial agreement attorneys in Thailand that have practical divorce litigation experience are able to anticipate how prenuptials will realistically be treated by the courts in the event of a divorce. 4) Does it matter if I get married in Thailand or my home country? Yes. There are issues concerning conflicts of law and the applicability of those laws. In the event of a divorce, where the marriage was registered will have an effect on which jurisdiction the divorce proceedings are heard. In general, your assets will be better protected if your marriage and prenup are registered in Thailand because the divorce proceedings are more likely to be held in a Thai court that does not have jurisdiction over your assets. By marrying in a Western country and having a prenuptial agreement according to these jurisdictions, you are basically granting divorce jurisdiction in your home country, where many people are most vulnerable because that is where their assets are located. Individuals have different priorities and objectives when marrying, however, and cases should be evaluated on an individual basis. 5) Which types of property division can I specify in a Thailand prenuptial agreement? Under Thai law, you may be able to specify the properties involved and separate them into two categories—community property and separate property. You can also specify how finances will be managed during the marriage. However, restrictions on child support are generally not allowed. 6) Are there any other precautions I should take when considering Thai and foreign prenups? The best advice is simple: choose a law firm with licensed lawyers that have actual divorce litigation experience and understand how a prenuptial agreement will be treated in a divorce situation. Find a law firm that has lawyers qualified in Thai law and foreign law. Choose a law firm that is bilingual. As always, check credentials against gimmicks and hard-sell advertising that are usually signs that something is amiss. Copyright © 2012
Posted on: Mon, 26 Aug 2013 02:32:34 +0000
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