If you are from the EU and from Austria, France, Greece or even from Luxemburg, Portugal, Spain, Sweden or Switzerland then you would be glad to note that prenuptial agreements in these countries are generally enforceable as they fall under the Hague Convention on the Law Applicable to Matrimonial Property Regimes.
Much like in Thailand the prenuptial agreement must be concluded at the same time as the marriage registration. This is an important step in the prenuptial agreement. Of interest is a recent ruling in Germany that a prenuptial agreement can be set aside if the Court believes that the agreement is unfair. Much like a prenuptial agreement in Australia you need to ensure the following:
- That both parties signed the agreement with two witness present;
- That no duress or force was used before the signing of the agreement;
- That each party had independent legal assistance before the agreement;
- That the prenuptial agreement is fair and balanced;
- That both parties understood the agreement and that there was no mistakes;
- That the provisions are not reprehensible or illegal;
- That it does not contravene EU or Thai laws
Prenuptial Agreements in the EU
You need to speak to an attorney in Thailand to ensure that you have a properly drafted prenuptial agreement. Like other countries the Courts will look to see that the agreement is fair. The definition of fair you need to speak to your attorney about however most times it comes down to liabilities after a divorce. As an example you get to keep the house which you have but your wife has to pay for all maintenance to the property while she receives nothing in return after a divorce. This might be deemed unfair.
Also ensure that in Thailand that your Thai fiancée before the marriage and signing of the agreement has independent legal help from another law firm to explain the ramifications to her so that she may not raise the defense that she did not know or was not explained to her. This law firm needs to provide a letter to state that it was explained to her in her own language and that she understood what it is that she was signing. During a divorce wives do get amnesia very quickly when it comes to property or what it is that they had agreed to earlier.
The laws of the countries are different so ensure that you meet the requirements for both as stated on this website under common mistakes, deaf people cannot be witnesses to agreements in Thailand. This gets overlooked very easily in Thailand which may mean the agreement might just be invalid and unenforceable. That would be a costly mistake.
The most common mistakes in a prenuptial agreement has been listed on this website so search for any other information you might need. Better yet it is best to contact an attorney in Thailand who has a foreign lawyer on staff who knows the EU laws very well.
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