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Prenuptial Agreements in Thailand

If you are getting married in Thailand then you are best advised to seek legal advice before you register your wedding in Thailand. The prenuptial agreement must be signed before you register your marriage. The following are the most common problems in Thailand with prenuptial agreements. Speak to a lawyer in Thailand before you get married.

Prenuptial Agreements in Thailand

Most Common:

The most common issue in the US when a prenuptial agreement has been signed in Thailand is that your Thai wife says that she did not understand the agreement and was never explained to her as her English skills are not very good. The courts will view this prenuptial agreement as unenforceable.

To counter this problem most law firms in Thailand will send your Thai fiancée to another law firm to explain it to her in Thai. This law firm will then provide a letter to confirm that the prenuptial agreement was explained to her and that she understand the ramifications of the agreements.

Always seek proper legal advice.

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Other prenuptial agreement problems

Problem 2:

The Prenuptial agreement is unenforceable as your Thai fiancée did not have her own legal representative to look at the agreement and explain this to her. Much like Problem #1 this is solved in Thailand by getting another law firm to do this.

Problem 3:

The agreement is not enforceable as it did not comply with the US Uniform Premarital Agreement Act. This is why it is best to use the services of an expatriate lawyer who can draft a proper prenuptial agreement for you and your Thai fiancée.

Problem 4:

The Prenuptial Agreement is deemed unenforceable as it did not comply with the laws where it was drafted. In order to avoid this you need to seek the services of a registered Thai lawyer to ensure that the prenuptial is in accordance with the laws of Thailand.

Problem 5:

Not a very common problem with prenuptial agreements in Thailand however the prenuptial can be viewed as unenforceable as it was improperly Notarized and/or Apostilled in either Thailand or the US.

Speak to a lawyer in Thailand about your prenuptial agreement in Thailand as most law firms in Thailand will have a public notary who can have it notarized at a Thai court. You can also have your lawyer do this for you at the US Embassy in Bangkok if you are American.

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