This is about 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..
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. It does not add too much additional cost to the prenuptial. Most attorneys in Bangkok will know how best to complete the process. They will also obtain a letter from the law firm to state that it was explained to her.
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. The prenuptials agreements for Americans is very difficult. Not many law firms wish top draft these are the States laws are different to each other. The prenuptial for an American would need to be drafted for a specific State to comply with their laws. The prenups for the EU is not as difficult to complete. These US prenuptial most times cost more money to draft because of this.
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. This to ensure that the prenuptial is in accordance with the laws of Thailand. Normally this is not an issue and most do not have a prenup who are going to live in Thailand. Most who do complete the prenup either have property in Thailand or back home. The question is always what can you afford to walk away from. If it is too much then a prenuptial would be advised.
Problem 5:
Not a very common problem with prenuptial agreements in Thailand. However the prenuptial can be viewed as unenforceable. This as it was improperly Notarized and/or Apostilled in either Thailand or the US. Always ensure that this is completed and that you have taken proper advice.
Speak to a lawyer in Thailand about your prenuptial agreement in Thailand. This 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.