There are a number of common issues in Thailand with the prenuptial agreement. These have been highlighted below but also highlighted is the ‘conflict in laws’ and how this is viewed in Thailand with regard to property. Speak to a lawyer in Thailand about your prenuptial agreement or marriage registration and how to complete the process completely without having to go to Court to correct an error or oversight. Speak to an attorney in Thailand for advice and guidance if you are getting married in Thailand.
Prenuptial not registered with marriage registration:
As stated elsewhere on this website that the prenuptial must be handed in to the District Office with the marriage registration or it will not be viewed as valid. Note the law below stated that the marriage registration will state that the prenuptial agreement is attached to the marriage registration.
Section 1466 The prenuptial agreement is void if not entered with the Marriage Register at the time of marriage registration terms of the prenuptial; or if not made in writing and signed by both parties and by at least two witnesses and entered with the Marriage Register at the time of marriage registration stating that the prenuptial is there to annexed.
Prenuptial has errors
You need to ensure that the prenuptial handed in at marriage registration has no errors. If you want to change or cancel the prenuptial agreement then it has to be done by an application to Court to make these changes. Note the law listed below.
Section 1467 After marriage the prenuptial agreement cannot be altered except by authorization of the court. When there is final order of the court to effect the alteration of cancellation of the prenuptial agreement, the court shall notify the Marriage Registrar of the matter in order to have it entered with the Marriage Register.
With regard to property laws where there is not prenuptial agreement aka ante-nuptial agreement the laws of the land where the property is located is view as having jurisdiction.
Section 22 As regards to the property of husband and wife, if there is no ante-nuptial agreement, the law of nationality shall govern. If the husband and the wife have different nationalities, the property of husband and wife shall be governed by the law of nationality of the husband. However, as regards immovable property, the law of the place where such property is situated shall govern.
This is why the prenuptial agreement has to cover both your country and Thai laws. Thai law dissects this as follows:
Section 24 As regards the property of husband and wife, if an ante-nuptial agreement is made, the capacity for making such agreement shall be governed by the law of nationality of each party.
If you have any questions about your prenuptial agreement in Thailand then speak to a lawyer in Thailand for assistance and guidance. This website gives you a rough guide to prenuptial agreements in Thailand and other legal options to protect your property and assets.
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