Prenuptial Agreement and Divorce under Thai Family Law
In Thailand, a Prenuptial Agreement stipulates that a wife can file for divorce if her husband goes out with another woman. However, this clause is considered invalid under Thai Family Law as it violates public order and good morals. The court will not honor the prenuptial agreement.
Drafting a Thai Prenuptial Agreement
A Thai prenuptial agreement or pre-marital contract can protect your personal assets during your marriage. It also prevents unnecessary disputes about the ownership of certain items. Furthermore, it can be used as evidence of what you brought into the marriage. It is also important to have the agreement in place in case you ever decide to divorce your spouse.
It is important to note that under Thai law, prenuptial agreements cannot be altered after the marriage. If a couple wants to change their agreement after marriage, they need to seek the approval of a Thai court. In addition, underage spouses need the consent of parents, guardians or legal representatives. Also, a Thai prenuptial agreement must clearly stipulate which party will bear the debts of the other. For instance, the husband will be liable for education-related debts, and the wife will be liable for business debts.
In Thailand, a prenuptial agreement (also known as a Thai prenup) is a legal contract that specifies the rights of each partner to assets, debts and other property should the couple ever get divorced. Although it is possible to draft a Thai prenuptial agreement on your own, it is advisable to hire a Thai lawyer for assistance.
Divorce in Thailand
Divorce can be a very troublesome process not just in Thailand but in every country in the world. It is time-consuming and needs the dedication to process. The process of Divorce in Thailand can be easily done with the help of legal experts in the field of family law who has significant experience with a Divorce matter.
Divorce before the Amphur in Thailand requires agreement between both spouses to the division of marital or jointly owned assets, custody of children, and if and how much alimony will be paid. If no agreeable solution can be found between the parties themselves, each spouse can file a petition for divorce (only on the grounds given in the Civil and Commercial Code) for the dissolution of the marriage by the court. The court can terminate the marriage and will decide on matters like the division of marital assets according to Thai law and individual circumstances. When both parties agree on the terms of the divorce (mutual consent) the procedure at the local Amphur will be shorter, less expensive, and less time-consuming.
Grounds for Divorce in Thailand
Divorce in Thailand can be obtained on various grounds. One of the grounds for divorce in Thailand is adultery, but a spouse may also be divorced on other grounds. For example, if the marriage is unsatisfactory because one or both of the spouses is not committed to being faithful, it is possible to obtain a divorce.
Divorce in Thailand is governed by the Thai Conflict of Laws Act. The law governs the issues related to property, such as the division of movable and immovable property. If the husband is a foreign national, he can obtain a court order granting him sole custody of his children.
Another ground for divorce is inability of the spouse to cohabitate peacefully with the other spouse. This ground is valid if the absent spouse has not returned for three years. In addition, the present spouse must show that he or she has tried to locate the absent spouse by diligent search. In such cases, financial support is an essential part of the marriage.