There are a number of benefits to a prenuptial agreement in Thailand. Below are some of these benefits. In order to understand the benefits you would first need to understand marital property in Thailand which has been explained on this website (See: Marital Property in Thailand). The following are some of the benefits which you might not have considered.
Marriages come and go even when the best was expected. Things change in Thailand as well as attitudes. Having a prenuptial agreement is more like an insurance policy that if it does go bad that you at least have your property which you came with to Thailand.
Prenuptial Agreement Benefits
The older you get the more important this becomes as you might have spent your pension or retirement fund money on the house, flat or car while in Thailand. A bad marriage would be the end of the benefits of all your years of hard work.
Preserve Family Ties and inheritance
If you are already divorced or have children from another partnership or marriage the prenuptial agreement will also protect the inheritance of your children from a former marriage or partnership. If you wish to have your children overseas share in the benefits of what you had worked for then you are best served with ensuring their financial future with the prenuptial agreement. Also ensure that you have a proper last will and testament with your prenuptial agreement to ensure the smooth winding up of your estate later. Divorce is not a certainty but death is.
Attitudes to a prenuptial agreement
One method of checking your marriage is a prenuptial agreement. If you Thai fiancée refuses to sign a prenuptial agreement then you might consider the foundation of your marriage. The world is full of ‘gold diggers’ and you don’t want to be on the receiving end of one half way around the world. The agreement is usually a very good indicator of the state of mind of your Thai fiancée. It’s a benefit just knowing how she things and what she might be thinking.
It’s good for business
If you have a company or partnership you don’t want your partner to inherent domestic problems he/she was or is not part of. If you divorced without a prenuptial agreement she might lay claim to the share in the business you have. This could spell doom to the business and your partner which normally ends in costly litigation in Thailand. Nobody wants to be part of your domestic problems.
Prenuptial agreements give you more leverage than a usufruct in Thailand. Most times during a divorce people use the prenuptial agreement to ‘horse trade’ the assets in the marriage. She can get the house (since you can’t own it in your name in any event) and you take the flat with access to the children twice a month. There have been a number of well-known assets trades in divorces in Thailand.
You prenuptial agreement is one of your best and biggest investments in Thailand or at home. The prenuptial agreement however has to be drafted correctly so that it is not only in accordance with Thai law but also with that of your home country. This is very important.