A prenuptial contract, commonly known as Prenup, is an agreement between prospective spouses before marriage to provide for the division of property acquired in the event of divorce or death.
This contract, if it facilitates the procedure in case of divorce, can thus avoid a long and costly legal battle. Nevertheless, to be valid and indisputable, two essential points must be respected:
First, on the form: this contract will be registered as the marriage with the City Hall, the signatures of two witnesses will be required.
The second point, on the substance: provisions contrary to Thai law will be deemed null and void just as a contract which would be deemed unfair to one of the two spouses. Before the writing of such a document, both spouses will have to present in detail all their assets in detail.
The Prenup will protect your property acquired before the marriage while subjecting to the division between the two spouses, those acquired during the marriage. However, everyone will be able to draft and adapt it according to their needs. For example, it may be determined that spouses will not be liable for debts incurred by the individual spouse.
Which couples have an interest in writing a prenup? Everyone! If the prenup is generally recommended for couples with an individual patrimony presenting a great disparity, the professional, family situations (inheritances) being led to evolving, such an agreement is usually always advisable.
If the wedding has already taken place, can I write a prenup? No, as its name indicates the prenuptial contract takes place before the wedding. Its drafting must take place several weeks, months before it is signed, in order to leave much room for discussion. However, it should be noted that, in the absence of an agreement upstream, a post-nuptial contract may be drawn up between the spouses.
This article is a general information note that does not replace the board for any individual situation. The contents of this document cannot make the firm liable in the event of a different application by the tax authorities, whether in France or in Thailand. Our firm can assist you and advise you on your individual situation as part of the redaction of your contract.