Prenuptial agreements are recognized in Thailand as long as they are properly drafted, agreed upon by the marrying parties and registered at the district office during the marriage registration. Thai law provide that all properties (including those acquired as a gift or inheritance) acquired before marriage is considered as a personal property of the person.
Only properties acquired during marriage are treated as conjugal or community properties hence, are subject to equal division between husband and wife in the event of divorce in Thailand. If you wish to protect your future investments, a prenuptial agreement is necessary to be able to this.
Why agree to a Prenuptial Agreement?
Financial experts say that marriage is actually not just flair of emotions and physical unity – it is also an alliance of finances. Hence, couples must treat marriage as a financial arrangement as well, wherein the monetary security and welfare of the marriage is being maintained. A prenuptial accord is a contract between two people about to wed that spells out how assets will be distributed in the event of divorce or death.
Who can avail of a prenuptial agreement?
You should consider having a prenup if you fall into any of the following categories:
- You have assets such as a home, stock or retirement funds
- Own all or part of a business
- You may be receiving an inheritance
- You have children and/or grandchildren from a previous marriage
- One of you is much wealthier than the other
- One of you will be supporting the other through college
- You have loved ones who need to be taken care of, such as elderly parents
- You have or are pursuing a degree or license in a potentially lucrative profession such as medicine
- You could see a big increase in income because your business is taking off.
How can Prenuptial Agreement help you?
Financial protection: Financial assets will be appropriately divided.
Protect other financial assets not associated with the marriage: so that individuals may not fight for whatever financial assets his or her spouse may have even if these things are beyond the concerned marriage.
Contingency plan: Nobody holds the future; hence, you can never tell if your marriage will always be perfect. If in case it is flawed or unbearable indifferences arise in the future, prenups can actually provide mutual security in both parties even if their marriage is no longer workable.
Always take legal advice in Thailand to ensure that your assets in the US are protected with a prenuptial agreement. You will have to do this with the marriage registration in Bangkok and way before you apply for a US K1 Visa or a US K3 visa.