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What
can a prenuptial agreement do for me?
Prenuptial agreements provide for a financial plan which
can be managed through the course of marriage or upon
the break-up of the marriage. For people who own substantial
assets and properties and wish to control the division
of the assets upon divorce, this legal document would
come in useful.
What
is the difference between a prenuptial agreement and an
agreement drafted after the marriage?
According to Thai law, an agreement made after the marriage
does not have the same effect as a prenuptial agreement.
I
am of US/European nationality and I would like to bring
my Thai fiancé back to my home country. Which types
of law firms should I hire for the prenuptial agreement?
A law firm competent in both Thailand law and laws of
western nations would be the best option. With such a
law firm, there is an assurance that the attorneys understand
the issues involved in preparing a prenuptial agreement
which concerns the laws of Thailand and other foreign
countries such as USA, UK, Australia or EU countries.
A good law firm should draft the prenuptial agreement
according to the requirements of the Thai law and the
minimum requirements of the law in the respective home
country.
Why
should I be careful when hiring a law firm for my prenuptial
agreement?
A prenuptial agreement is an important legal document
which can have a significant effect on your future. Although
many law firms deal with prenuptial agreements, only a
handful of these firms are qualified enough to perform
it. When selecting a law firm, you should select one that
has an international divorce practice, and understands
issues on international prenuptial agreements and marital
rights in Thailand and the other countries involved.
Am
I able to specify the types of property division in a
prenuptial agreement?
Depending on the law, you may be able to specify how the
property division is carried out. This may be Thai law
or the law of the spouse’s home country (or a combination
of the two). Under Thai law, you may be able to specify
the properties involved and categorize them into community
property and separate property. You may also specify how
finances will be managed during the course of marriage.
However, restrictions on child support are generally not
allowed by the public policy of most countries.
Would
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. Therefore, it is important
that your attorneys understand both the laws in and outside
of Thailand. (see FAQ
on marriage in Thailand)
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