Financial tension Perhaps your spouse has been incredibly irresponsible from a financial standpoint—racking up debt without your knowledge. The marriage is on the rocks When your partner asks for a divorce, it can be stunning. A lot of money is in the marriage If one of you—or the two of you—are very wealthy and could stand to lose a lot of money in the divorce, a postnup is a good idea if you never got a prenup in the first place.
You go through a significant financial change Perhaps one of you inherited a boatload of money after getting married and would like to protect it. The Postnup Requirement For a postnuptial agreement to be enforceable and valid, it must meet the following requirements: Written down: No law considers oral postnuptial agreements as valid. They must be in written form. Voluntary: Both partners need to sign the agreement intentionally and voluntarily.
If there is any indication that one party did so under duress or a threat, the agreement will be voided. Disclosure: When you both sign the agreement, you will need to make full disclosure of your assets, income, and liabilities.
You need to understand this because postnuptial agreements will spell out how to handle these things if the marriage breaks down. If one party relies on inaccurate information, the agreement is non-enforceable. Signatures should be notarized, and other legal requirements should be met.
Postnup state laws State laws generally vary when it comes to postnups—just as they do with prenups. Everything that is owned before the marriage remains personal property during the marriage under Thai matrimonial laws.
The first benefit of a prenuptial agreement in Thailand lies in simple proof in case of a possible divorce and could prevent disputes over property. By listing each parties assets in a prenuptial agreement the couple could prevent unnecessary arguments over ownership of certain items in case the marriage is later dissolved.
In a possible future divorce the parties do not have to prove what they brought in the marriage as this is listed in the prenuptial agreement. In this case it is possible to simply ignore a claim from the other spouse on personal property when the marriage ends in a divorce.
The second benefit of a pre-marital or prenuptial agreement lies in the right to manage certain marital properties. A prenuptial agreement may grant the sole right of management over jointly owned assets as listed in section of the Civil and Commercial Code to one of the spouses.
As section among others refers to real estate property it is important to realize that real estate in Thailand often will be held as a personal property of the Thai spouse. The aspect of management of marital assets in a prenuptial does in any case not apply to land acquired as a personal property of the Thai spouse read: division of the marital home.
The third benefit of a prenuptial agreement is that it can state possible division of assets in case the marriage is later dissolved. In a possible divorce in Thailand all properties must be taken out of the marriage and common property divided equally. For personal property this should not be a problem when it is listed in a prenuptial agreement. If there is a dispute whether or not an asset is a marital property or a personal property the division could become more complicated and the parties have to find agreement between them or a judge will decide for them.
It is recommended during the course of the marriage to keep a record of personal and marital assets signed by both spouses that can be used as evidence. The reason for this is section Civil and Commercial Code, as in case of doubt if an asset is personal or common property it is assumed to be a community property between husband and wife, unless there is evidence that proves the contrary.
The exception to this rule can be found in the last sentence of section The same agreement can also support the filing of an uncontested divorce.
When an administrative or uncontested divorce is filed, any conflict is kept to a minimum. A prenup permits a couple to handle the division of marital property discreetly and privately.
Seeking legal counsel should always be done during a dissolution of marriage, as couples may not be as objective as they would be in other legal situations. Once a settlement is reached, it is filed at the district office where the divorce is granted. Typically, with a prenup in place, a divorce between a Thai citizen and a foreign spouse is easier to settle. If the marriage has been registered in Thailand, the couple will normally opt for getting an uncontested divorce. If you are a foreigner, you should consult with a lawyer before you file an uncontested divorce.
This is important, as not all countries will recognize this type of divorce. Some countries, as well, will not recognize administrative divorces in certain instances. Again, you need to consult with an attorney to make sure you settle the divorce in compliance with the law, as it applies to you.
Whether you are drafting a prenup or wish to file for divorce, you need to refer to a legal firm that is knowledgeable in both subject areas. Use a firm that can answer your questions and will provide the best approach for keeping your interests protected during your marriage or upon divorce. In this case, you and your partner will need to each retain the services of a lawyer. That way, you can negotiate the terms with more objectivity. You may also secure the services of a notarial service lawyer — someone in the legal profession who can do the following:.
Again, you will need to seek legal counsel if you marry a Thai citizen and are from another country. You should seek this type of help anyway. However, it is vitally important that you do so as a foreigner. You may not realize that certain items need to be added to the prenup that you might overlook in your homeland.
The information below addresses some of these items. This same principle is applied to non-married couples who have lived together for a long time. If you are not married and have this type of living arrangement, you should talk to an attorney. He or she can draw up an agreement that can be used to divide your assets in case of a split in the relationship.
Please contact us if you would like to consult a family lawyer regarding this. Theoretically, assets that were acquired before the marriage registration should belong to the rightful owner. However, things are not always that simple, especially if you end up getting divorced. You should account for these items, as well, when you draw up a prenuptial agreement.
While the court usually will establish the alimony during a divorce settlement, you may be surprised by the outcome. It is always better to play it safe rather than be sorry. Make sure you account for alimony payments when you draw up your prenup. The above information gives you a better idea about what to expect and how to act when you see a lawyer about drafting a prenup. Attaching this document to your marriage certificate during the registration process is part of sound legal and financial planning.
While it may offend some partners, the document still should be looked at as added security. Please contact a family lawyer if you would like a prenuptial agreement drafted for you.
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I appreciated it when you shared that if you and your partner have agreed to prenuptial agreements, you have to talk and discuss with the right attorney to prepare the documents.
My friend just mentioned the other day that she is thinking of doing a prenuptial agreement before she gets married in a few months in case anything happens to the marriage after she has spent so much on the wedding. I will suggest to her talking to her fiancee first and once he has agreed, find a reliable attorney to guide them through the process. Saturday, November 6 Thailand Travel Restrictions Updates.
Reaching a Compromise While no one wants to think their marriage could end in divorce, it is always a good idea to take certain legal measures, especially if one of the parties could be hurt financially.
Meeting the Prenup Requirements Under Thai law, you need to meet certain basic requirements when creating a prenuptial agreement. These requirements include the following stipulations: The agreement must be written.
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