Prenuptial Agreement Made In Thailand

Example: If the marriage agreement stipulates that after the marriage, the husband has no responsibility to take care of the wife. Or the wife can receive a husband`s allowance 100USD per year. This agreement is invalidated because it is likely that the husband treats the woman only as a prostitute, which goes against good character. (see Colorado Supreme Court decision 87 Colo 149: Popham v. Duncan 1930) Under Thailand`s marriage laws, the Prenup essentially describes the property of both parties, which were introduced into marriage and administration, as well as marital property during marriage, listed in Section 1476 of the Civil Code and the Code of Commerce. A spousal pot may also set out the couple`s wishes regarding the distribution of marital patrimony in the event of dissolution of the marriage with death or divorce, but in a controversial divorce, the court in Thailand must determine the applicability of such clauses and compliance with Thai laws. All terms that do not conform to the nature and principles of Section 1533 (marital property is divided equally between men and women) and Section 1535 (the spouse is also responsible for the common debt) are considered in violation of the law and are therefore non-avenues. As noted above, the application of Thai law to a couple`s marital arrangement can have dramatic consequences for a couple`s agreement. Couples who sign a marriage agreement within Thailand should ensure that they comply with Thai law. Thailand has substantial restrictions on what can be included in a couple`s marriage agreement. According to Title III, Section 1598, of the Civil Code of Thailand, „the right to subsistence cannot be abandoned, affixed or transferred and is not subject to execution.“ When a couple attempts to waive a spouse`s right to support, the provision, or even the entire matrimonial agreement, may be unenforceable. In addition, the Thai civil code has a general requirement that a couple`s marital agreement should not be contrary to „public order or good morality“ (see Chapter IV, Section 1465).

If the court finds that a clause in the agreement is violated, the clause is null and fore. Similarly, a couple is not allowed to enter into contracts with respect to third-party rights (see Chapter IV, Section 1468). If a clause in the agreement violates this rule, it is deemed null and void. Thailand has specific procedural requirements that must be met in order to constitute a valid matrimonial agreement. Unlike countries such as the United States, where the matrimonial agreement is considered a private agreement, the Thai government does participate in marital agreements. Thailand requires couples to declare their marital agreement with the government`s marriage chancellor before marriage. (Chapter IV, Section 1467). Thailand also has an obligation to sign the marriage agreement between the two parties and two witnesses. (Chapter IV, 1466). If the couple does not meet either of the two requirements, the agreement is null and void and is not applicable in Thailand.

Foreign courts applying Thai law to the couple`s marital agreement will also find that the marriage agreement is inconclusive and refuse to enforce it.