Category: Family Law

DO I NEED A LAWYER?

Yes, you do need a lawyer when making a prenuptial agreement.

Others may attempt to come-up with a Thai prenup using self-help guidebooks and other resources. We say, if you want to end up with a clear and binding premarital agreement, you should get help from a good lawyer. Here’s the reason why: Learn how to choose a qualified lawyer
The laws governing marriage contracts vary tremendously from one country to another, and the Thai marriage laws could be way too different from that of your own country (which you are more familiar with). You can certainly do some of your own research to find out general information about Thai prenuptial agreements. But, if you don’t want to invest too much of your time learning the ins and outs of the Thai prenups, a lawyer who knows the intricacies of these laws will be an important resource. The lawyer can help you put together a prenup that meets state requirements and says what you want it to say.

Choose a Qualified Lawyer A prenuptial agreement is an important legal document which can have a significant effect on your future. Although many law firms in Thailand deal with prenuptial agreements, only a handful of these firms are qualified enough to perform it. When selecting a Thai law firm, you should select one that has an international divorce practice, and understands issues on international prenuptial agreements and marital rights in Thailand and the other countries involved.

Law Firm
As Thailand’s LARGEST Legal Service Network, Law Firm ensures its clients the highest level of legal service available in the Kingdom. Our professional team of international attorneys and Thai lawyers will guide you step-by-step in drafting your Thai prenuptial agreement. Our competence in Thailand law combined with our international experience gives an assurance that your Thai prenup meets the requirements of the Thai law and the minimum requirements of the law in your respective country.

Thailand Marriage Registration

A marriage can take place on declaration made by both the parties intending to marry by giving consent to take each other as husband and wife publicly before the registrar in order to have it recorded by the Registrar. Giving consent to the marriage may be made

1. By affixing signature of the person giving consent in the Register at the time of registration of the marriage;
2. By a consent document stating the names of the parties to the marriage and signed by the person giving consent;
3. By verbal declaration before at least two witnesses in case of necessity. The consent having been given cannot be revoked.

An application for registration for marriage can be filed at any District Office or Minor District Office nationwide regardless of the birthplace of the couple.

If the Thai marriage registration is filed at the District Office located in female’s birthplace (where the name is registered on the House Registration Certificate), the title used with the forename and the last name of the female will be changed by the District Officer. The female is required to file for a new Identification Card within 60 days. If the marriage is registered elsewhere, the female is required to contact the local District Office to change her name and last name, as well as filing for a new Identification Card.

If both parties are unable to file for marriage at any District Office or Minor District Office, the couple can submit a request to the Registrar to register their marriage at any location under the supervision of that District Office. The parties filing for marriage are required to provide transportation for the Registrar. A service fee of 400 Baht is required by the ministry

Marriage shall be affected only on registration being made. After registration is completed, a Thai Marriage Registration Certificate to be obtained as evidence.

Procedures for Thailand marriage registration by a foreigner

The foreigners who are wishing to marry shall appear in person with their respective passports and arrival card at their Embassy in Thailand to complete declarations attesting that he/she is single and free to marry in accordance with Thai Law and the registration shall be effected by a Thai Diplomatic or Consular Officer.

Take the completed declaration to a reputable translation office to have the contents of the declaration translated into Thai.

The documents together with translation and copies of passports have to be taken to the Legalization Division of Consular Affairs Department, where the Consular Official’s signature will be authenticated. This normally takes 2 days. The documents and translation are then ready for submission to the District Registrar who will register the marriage and issue the marriage certificate in Thai in accordance with and following the procedure led down in Thai Law.

Special Note

You should allow four working days in Bangkok prior to registering your marriage as you are required to have been resident in Thailand for at least three days before you marry and you must allow time for the paperwork to be processed in Bangkok. This also allows you to visit some of the wonderful attractions in Bangkok.

If you have previously been married, your divorce certificate. The certificate should be translated into Thai. Since the certificate must be legalized by the Embassy, we prefer that the translation is made by the Embassy or by a translation office recommended by the Embassy.

WHAT ARE THE BENEFITS OF A PRENUP?

Prenuptial agreements are not death knell for romance. On the contrary, prenups are practical solutions to dealing with the problematic topic of finances in a marriage

Find out how it can benefit you

1. Protect your Separate Property
Frequently, disputes arise over how marital property should be allocated. Prenuptial agreements can be used to provide assurance that a couple’s property will be disposed of according to their intentions. Through such an agreement, parties can designate ownership of property in the event of divorce, separation, or death of either spouse. The prenuptial agreement may provide for certain property to be transferred from one spouse to the other to create separate or joint property rights. These dispositions, and the contingencies on which they would occur, can be set forth in an organized and thoughtful manner in a properly drafted prenuptial agreement.

2. Protecting Business Assets
In cases where a business is owned by a small number of parties (e.g., a closely held corporation or a partnership), it is not uncommon for the owners to want to prevent a spouse from obtaining voting rights or claims against the business. In such cases, the owners can enter into an agreement that requires each, in the event that they marry, to execute a prenuptial agreement that provides for the prospective spouse to waive all rights to the owner-spouse’s interest in the business in the event of divorce or death. The business associates may also wish to enter into a buy-sell agreement, where upon the death of a shareholder or partner, the remaining owners are required to purchase the decedent’s interest in the business for a specified amount over a specified period.

3. Protection from other spouses debts
If one spouse incurs substantial debts before marriage, there may be a desire to protect the assets of the new spouse from the creditors of the debtor spouse. This can be accomplished in a prenuptial agreement by having the debtor spouse waive any claims to the new spouse’s assets, except in the event of divorce or death.

4. Provide for Children
A prenuptial agreement can designate responsibility to provide support for children of a previous marriage, as well as children of the upcoming marriage. This may be especially important in instances where one spouse intends to give up a career as part of the marriage arrangement. The agreement can also cover issues concerning custody of all children.

5. Pass on Family Property
If one spouse has substantial interest in a family business, it is often the desire of that spouse, as well as the family members engaged in the business activity, to keep ownership within bloodlines. This could also be the case with family heirlooms and other assets of the family. It is not uncommon for parents and grandparents in wealthy families to be concerned about protecting family assets from the claims of an unintended heir, such as a decedent’s spouse. A prenuptial agreement can be written to provide that such assets are immune from claims by the new spouse.

Most states include a provision in their probate laws preventing one spouse from completely disinheriting the surviving spouse. These laws usually give the surviving spouse the right to elect against what was provided in the will and instead takes a set percentage of the deceased spouse’s assets. Typically, the elective share is one-half or one-third of the estate Unified Probate Code Sec. 2-201, 8 U.L.A. 74 (1983).

6. Reduce Litigation Costs
Prenuptial agreements can eliminate litigation costs associated with contesting the will of a deceased spouse. They can be used to facilitate the divorce process and to provide assurance that the property will be distributed the couple’s wishes. Individuals who have experienced a lengthy, messy divorce realize that a considerable amount of wealth can be lost during a legal battle, including legal fees and the fees charged by appraisers and expert witnesses.