unit731 Posted September 8, 2008 Report Share Posted September 8, 2008 http://www.sgalegal.com/guide/prenuptial.html How many of you married folks have a prenuptial agreement? For those not married, what is your views on this if marrying a Thai gal? Is the agreement in your home language and Thai? English and Thai? Is a prenuptial agreement valid in Thailand and/or your home country? Link to comment Share on other sites More sharing options...
Monzoon Posted September 8, 2008 Report Share Posted September 8, 2008 If you think you have to have a prenuptial agreement then just don't marry. Link to comment Share on other sites More sharing options...
dddave Posted September 8, 2008 Report Share Posted September 8, 2008 A friend of mine married a Thai girl 11 years ago and brought her to the USA. He was a physician and did a lot of research on pre-nups. before the marriage. He wrote his own with the help of a lawyer, had it translated into Thai by two different translators and paid for a lawyer to represent his future wife's interests prior to her signing the document. When they divorced two years ago in Colorado, the pre-nup was upheld by the hearing judge who scrutinized it thoroughly. His spouses attorney thought it airtight enough that he didn't bother challenging it. The lesson in this is to do thorough home work, learning all you can; don't only rely on paid for advice. Also, it is vitally important that your future wife's interests are well represented and that it is absolutely clear that she understands what she is signing and what her rights are. The hearing judge actually told him that this was the most important part of his pre-nup and had there been the slightest doubt that the spouse knew what she was doing, the pre-nup. would have been negated. If you plan to reside in both countries (they lived in Colorado only), you might have to do separate agreements. Link to comment Share on other sites More sharing options...
elef Posted September 8, 2008 Report Share Posted September 8, 2008 Yes, if living in Thailand to the ownership of land and the paper the farang must sign to the land office (her property and not bought for his money), may result in that she first gets the land and buildings + what she get gets according to the prenuptial or more if the thai judge decides it's against the law. Link to comment Share on other sites More sharing options...
elef Posted September 8, 2008 Report Share Posted September 8, 2008 I married my now ex-TW in Sweden and wrote the prenuptial myself and didn't registered the marriage with the thai embassy so we were neve married according to thai law. If you're married in Thailand or register your marriage with the thai embassy I think you can have problem even if you don't have any assets in Thailand. If after a divorce your ex goes to a thai court the judge may (just a possibility) that your foreign prenuptial is not legal according to thai law and before you can leave Thailand you must give her 50 % of your assets. So even if you have no assets in Thailand make sure the prenuptial is legal and regarded as fair according to thai law. Link to comment Share on other sites More sharing options...
shygye Posted September 8, 2008 Report Share Posted September 8, 2008 Are prenups even legal in Thailand? Link to comment Share on other sites More sharing options...
elef Posted September 8, 2008 Report Share Posted September 8, 2008 Yes, follow the link in the OP, but still my advice is to use the service of for example one of the international audit companies/lawyers in BKK if it's more complicated . Link to comment Share on other sites More sharing options...
Old Hippie Posted September 8, 2008 Report Share Posted September 8, 2008 Keep in mind, Prenups can be fought, and defeated. They are not the iron clad protection many seek/believe them to be. We have had this discussion before. Link to comment Share on other sites More sharing options...
unit731 Posted September 8, 2008 Author Report Share Posted September 8, 2008 I married my now ex-TW in Sweden and wrote the prenuptial myself and didn't registered the marriage with the thai embassy so we were neve married according to thai law. If you're married in Thailand or register your marriage with the thai embassy I think you can have problem even if you don't have any assets in Thailand. If after a divorce your ex goes to a thai court the judge may (just a possibility) that your foreign prenuptial is not legal according to thai law and before you can leave Thailand you must give her 50 % of your assets. So even if you have no assets in Thailand make sure the prenuptial is legal and regarded as fair according to thai law. Now that's an interesting twist. What did the gal have for a passport? After the foreign (outside Thailand) marriage? Swedish passport? Keep Thai passport? Link to comment Share on other sites More sharing options...
Mekong Posted September 8, 2008 Report Share Posted September 8, 2008 If you think you have to have a prenuptial agreement then just don't marry. Well said sir! Link to comment Share on other sites More sharing options...
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