These are some of the most common mistakes in Thailand when it comes to prenuptial agreements. You can use this as a checklist for the most common errors and you can check for yourself to see if you and/or your lawyer are doing things correctly. Some of these errors or mistakes are obvious however an explanation is also provided as to why they occurred.
This is the most common issue in Asia when people get divorced in their home country. During the divorce they will plead that they did not understand what was said or what they had signed. You are going to need to ensure that the prenuptial agreement is in Thai and English and that she had this explained to her by another law firm which did not draft the agreement.
Prenuptial Agreements Mistakes
They will provide your attorney with a letter to state that she understood the agreement as it was explained to her. This letter you should not lose and keep it attached to the prenuptial agreement as it will be as valuable as the prenuptial agreement itself in the event of a divorce.
You cannot place provisions into a prenuptial agreement that would be invalid. Issues such as child support cannot be placed in there and nothing that contravenes Thai law or the laws of your home country. Your attorney will ensure that this does not occur and that the provisions are correct and valid. The attorney will also ensure that it does not contrive the law of the land both local and foreign.
The prenuptial agreement when it identifies any assets these have to exist. You cannot draft and agreement for assets that do not exist at the signing of the agreement. An example is placing a house into the agreement which you don’t own and are only renting. Always check the assets which you are placing into the agreement.
You have to have an agreement that is fair. You can state that in the event of death she gets nothing and that all the assets listed belong to you but that she has to pay all the accounts for it. Even though no illegal she might have the agreement overturned as the agreement even though it was understood is unfair to her. This is a common problem in the US as the US courts give Asian wives a wide berth as can be seen from recent rulings about what they would consider gross exploitation.
Signed to late
Most commonly found when people register their own marriages in Thailand and then forget that the prenuptial had to be signed before that. To fix this is a costly issue in Thailand as it has to go through the courts. Speak to an attorney about marriage registration and a prenuptial agreement and allow them to do everything in the correct order. You would be surprised how common this problem is. Don’t cut corners as it will cost you more in the long run. Both parties have to sign the agreement before two witnesses and this needs to be handed in at the marriage registration. Note that in Thai law a deaf person cannot be a witness to an agreement.
If you have any questions about your prenuptial agreement in Thailand then search this website for more information or contact an attorney for more information and assistance in this regard.