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Prenuptial Agreement
Prenuptial agreements provide for a financial plan which can be managed through the course of marriage or upon the break-up of the marriage. For people who own substantial assets and properties and wish to control the division of the assets upon divorce, this legal document would come in useful.
According to Thai law, an agreement made after the marriage does not have the same effect as a prenuptial agreement.
A law firm competent in both Thailand law and laws of western nations would be the best option. With such a law firm, there is an assurance that the attorneys understand the issues involved in preparing a prenuptial agreement which concerns the laws of Thailand and other foreign countries such as USA, UK, Australia or EU countries. A good law firm should draft the prenuptial agreement according to the requirements of the Thai law and the minimum requirements of the law in the respective home country.
A prenuptial agreement is an important legal document which can have a significant effect on your future. Although many law firms deal with prenuptial agreements, only a handful of these firms are qualified enough to perform it. When selecting a 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.
Depending on the law, you may be able to specify how the property division is carried out. This may be Thai law or the law of the spouse's home country (or a combination of the two). Under Thai law, you may be able to specify the properties involved and categorize them into community property and separate property. You may also specify how finances will be managed during the course of marriage. However, restrictions on child support are generally not allowed by the public policy of most countries.
Yes. There are issues concerning conflicts of law and the applicability of those laws. Therefore, it is important that your attorneys understand both the laws in and outside of Thailand.
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