RSS Feed (xml)
Divorce
Divorce in Thailand
History of Divorce
Divorce in Thailand has many implications. Looking back in history, divorce has long existed in civilizations, dating back to at least ancient Mesopotamia. The ancient Athenians liberally allowed divorce but the person requesting divorce had to submit the request to a magistrate. The magistrate then would determine whether the reasons given were sufficient. Although liberally granted in ancient Greece, divorce was rare in early Roman culture. As the Roman grew in power and authority, however, Roman civil law embraced the maxim, “matrimonia debent esse libera” (“marriages ought to be free”), and either husband or wife could renounce the marriage at will.
Marriage was later considered to be within the realm of civil contracts and civil authorities gradually asserted their powers to decree divorces. Since there were no precedents defining the circumstances under which marriage could be dissolved, civil authorities relied heavily on the ecclesiastic courts.
Ask me about Divorce in Thailand...
Although the common law courts gradually assumed the power to dissolve marriages, the concept of divorce gradually became considered contrary to public policy. Over the years, these courts garnered immense control over the issuance of divorce and these precedents were largely influenced by the rise and fall of public mores of the time.
Why people divorce
An annual study in the UK by management consultants Grant Thornton estimates the main causes of divorce based on surveys of matrimonial lawyers.
The main causes in 2004 were:
-Extra-marital affairs - 27%
-Family Strains – 18%
-Emotional/Physical Abuse – 17%
-Mid-life Crisis – 13%
-Addictions, e.g. alcoholism and gambling – 6%
-Workaholism – 6%
According to this survey, men engaged in extra-marital affairs account for 75 % of the cases while women accounted for only 25%. In cases of family strain, women were the primary source which cited strain as their cause with 78% compared to 22% in men.
Emotional and physical abuse was more evenly split with women affected in 60% and men in 40% of cases. In workaholism-related divorces men accounted for 70% of the total while women made up the other 30%.
The 2004 survey found that 93% of divorce cases were petitioned by women, very few of which were contested. 53% of divorces were of marriages that had lasted 10-15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce.
Divorce in Thailand
Under the Thai Civil and Commercial Code, divorce in Thailand is permitted in two categories:
By Mutual Consent: If you were married in Thailand at a local Registrar office (Khet or Amphoe), you may register an administrative divorce in Thailand. Divorce in Thailand by mutual consent must be made in writing and witnessed by at least two persons. You will need to show your marriage certificate, passport and the national I.D. card of the Thai citizen. The process can be completed in only one day at the local Register Office. This type of divorce is possible only if the couple has no disagreements over such issues as children or property (“uncontentested”.) A divorce certificate will be issued by the registrar Office.
By Court Judgment: If the divorce in Thailand is contested and one party is not present; you should proceed to the courts for a divorce “for cause”. Either the plaintiff or defendant (or both) must be a resident of Thailand. There are 12 grounds for divorce under Thai law. We strongly suggest that you consult a legal professional in these matters. If you are overseas, you may appoint a lawyer to initiate the procedure on your behalf. However, once a court date is set, you must appear in court in Thailand. Any documents not in Thai will need to be translated and notarized by your embassy in Bangkok. This process can take up to one year. Divorce certificates are usually obtained from the court where the divorce was granted.
Grounds for Divorce in Thailand
If one party will not agree to a divorce by mutual consent then you need to file with the courts for a divorce. In order to proceed with a divorce in this instance you will need to assert grounds for divorce and make personal appearance in court. Grounds for divorce in Thailand include the following circumstances:
1. a 3-year period of separation
2. One spouse has deserted the other for over one year
3. The husband has taken another woman as his wife
4. The wife has committed adultery
5. One spouse is guilty of misconduct (criminal or otherwise)
6. One spouse has physically or mentally harmed the other
7. Lack of Maintenance and Support
8. One spouse has had incurable insanity for at least 3 years
9. One spouse has broken the bond of good behavior
10. One spouse has an incurable, communicable and dangerous disease
11. One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife.
Marriage outside of Thailand
If you were married outside of Thailand, you can only divorce according to the laws of the country concerned. It is possible to file for divorce in Thailand but only under certain circumstances involve the laws in your country of marriage, no conflict with the law in Thailand, your residency and the grounds for your divorce.
How to Divide the Property
Normally, under Thai law, any property that either had at the time before marriage otherwise referred to as personal property, remains with that party even though without a Thai prenuptial agreement. Any properties that both parties accrued after marriage, which is termed, “conjugal property” will be shared on an equal basis upon divorce. The actual rules are naturally more complex and Thai courts will usually divide the property in accordance with the law as well as individual circumstances. It is highly recommended that you have a prenuptial agreement drafted before you decide to marry as this maybe useful in protecting your personal property as mentioned above.
Debts and Liabilities
Any debts and liabilities that were accrued after the registration of marriage will be shared by both parties.
Child Custody
In regards to child custody or guardianship of the child, any party in the divorce can mutually agree on the terms of arrangement. This should be made in writing and then registered with the Registrar who will record it on the Memorandum of the Marriage Certificate. In the event that both parties cannot come to a mutual agreement, either party may pursue the case in court seeking custody or the rights of guardianship of the child.
Maintenance
The basic principle is that spouses shall maintain and support each other according to his or her ability and condition in life. With that in mind, where the divorce is granted on the grounds of physical or mental health, the spouse affected on this ground may apply to the Court for authorization to live apart while the danger persists and in such cases, the court may order a certain amount of maintenance to be furnished by one of the spouses to the other depending on individual circumstances.
If one of the parties becomes insane, irrespective of whether he or she has been adjudged incompetent or not, and the other spouse fails to give proper maintenance to the insane spouse, a guardian may enter an action against the other claiming maintenance for the insane spouse, or apply for any order of the Court to protect the insane spouse.
In other words, the courts have a wide discretion whether to attach maintenance measures in divorces in Thailand.
How to Safeguard your Assets
Prenuptial Agreement
As it is often said, this agreement will let you determine in advance how your assets and debts would be handled in the event of dissolution of marriage. If you end up needing your prenuptial agreement to be enforced by the court, it is wise to make the agreement reasonable from the beginning (and therefore enforceable). For example, a provision of reasonable support structure for your spouse in the event of a divorce. This agreement defines the support limit, terms, amount and duration. If you left it up to a court, you would have little control over any of the terms.
Lease or Usufruct Agreement
When a foreigner along with his/her Thai spouse purchases land in Thailand, the foreign spouse must appear at the Land Department to sign a declaration stating that the funds used for the purchase belongs entirely to the Thai spouse. Therefore, the land is not part of any settlement should there be subsequently a divorce. In order for the foreign spouse to safeguard this financial investment in the property, a lease or usufruct agreement should be prepared allowing him the right to reside on the land. A lease agreement can be made for 90 years (initial registration of 30 years at the Land Department with two renewal periods). A usufruct agreement will allow the foreign spouse the rights to occupy the property either for 30 years or his lifetime. Under these two agreements, the foreign spouse will have his name recorded on the back of the Land Title Deed.
Conclusion
A divorce in Thailand is very difficult, and the financial and emotional costs can be devastating. One of the best predictors of a better divorce outcome is the couple’s knowledge and understanding of their options. Many people do not fully educate themselves prior to the proceedings; either because they don’t want the divorce, they are hurt and overwhelmed, or that they believe that they understand what is expected. The result is that they often make decisions without fully understanding the consequences, including the potential damage that those decisions will have on their lives and the lives of their children.
Σάββατο 5 Ιουνίου 2010
Child Custody. Child custody Thailand...
Child Custody
child custody Thailand.
Parental control is decided by the courts if the parties to the divorce in Thailand cannot agree. This is how it usually is done in Thailand during a divorce.
If the marriage is deemed to be void the parties may be able to agree about parental powers and monthly maintenance. This agreement would be made in writing. If no agreement can be reached, the courts will decide on parental control and maintenance. If however there is reason to deprive one of the spouses of parental control under Section 1582 the courts may appoint a guardian. Parental control may be deprived of someone who has been declared incompetent or quasi-incompetent. This also extends to anyone who is guilty of gross misconduct, bankrupt or likely to endanger the child/children’s property. The courts may however in the case of bankruptcy only deprive the person only of the right to management of the property. Parental control in the above is covered by Section 1499/1 of the Thai Civil and Commercial Code.
In the matter of a divorce in Thailand based on mutual control, the parties will decide on the child custody themselves in terms of Section 1520. Should they not be able to agree then an application to court would have to be made for the courts to decide on parental control of the child or individual children. If however the person with parental control (a guardian) behaves improperly application to court in terms of Section 1521 would be instituted. The courts would then decide on a new guardian to exercise parental control.
Even in an unopposed or uncontested divorce in Thailand the need to ensure that none of your rights are infringed on is important. Always obtain the services of a divorce attorney in Thailand to at the very least draft your divorce agreement for you. Parental control is an important issue especially where one spouse might have had children not of the other. Child custody is also very important when one parent may decide to move back home, be it in Thailand or back home to his/her native country. Always ensure your rights of parental control during a divorce in Thailand. Consult a divorce attorney in Thailand today about parental control / child custody.
child custody Thailand.
Parental control is decided by the courts if the parties to the divorce in Thailand cannot agree. This is how it usually is done in Thailand during a divorce.
If the marriage is deemed to be void the parties may be able to agree about parental powers and monthly maintenance. This agreement would be made in writing. If no agreement can be reached, the courts will decide on parental control and maintenance. If however there is reason to deprive one of the spouses of parental control under Section 1582 the courts may appoint a guardian. Parental control may be deprived of someone who has been declared incompetent or quasi-incompetent. This also extends to anyone who is guilty of gross misconduct, bankrupt or likely to endanger the child/children’s property. The courts may however in the case of bankruptcy only deprive the person only of the right to management of the property. Parental control in the above is covered by Section 1499/1 of the Thai Civil and Commercial Code.
In the matter of a divorce in Thailand based on mutual control, the parties will decide on the child custody themselves in terms of Section 1520. Should they not be able to agree then an application to court would have to be made for the courts to decide on parental control of the child or individual children. If however the person with parental control (a guardian) behaves improperly application to court in terms of Section 1521 would be instituted. The courts would then decide on a new guardian to exercise parental control.
Even in an unopposed or uncontested divorce in Thailand the need to ensure that none of your rights are infringed on is important. Always obtain the services of a divorce attorney in Thailand to at the very least draft your divorce agreement for you. Parental control is an important issue especially where one spouse might have had children not of the other. Child custody is also very important when one parent may decide to move back home, be it in Thailand or back home to his/her native country. Always ensure your rights of parental control during a divorce in Thailand. Consult a divorce attorney in Thailand today about parental control / child custody.
Divorce in Thailand: Disputed. Divorce battle Thailand...
Divorce in Thailand: Disputed
divorce battle Thailand
A divorce in Thailand is fairly straightforward however in many divorce proceedings in Thailand there tends to be a dispute which the parties cannot settle amongst themselves. This would typically be a dispute as to property or disputes related to the child/children.
The following documents would be needed during divorce proceedings in Thailand:
The original Marriage Certificate;
The original Identification card and House Registration Book of the Thai spouse;
The original passport;
The original Divorce agreement if you have one;
The original Prenuptial Agreement if you have one.
Evidence base on Grounds for Divorce, Section 1516
The most common disputes which arise from a divorce in Thailand would be seen as:
Guardianship of the Child or children
Child custody or the custody of the children
Access granted to the children/child and their ability to travel overseas
Fixed Property ( especially joint property such as a house)
Fixed Property inherited during the course of the marriage
Maintenance of both the minors or the spouse
Varied complications with regard to property bought in the name of the spouse
Spouse’s support/ maintenance, financial
Any divorce in Thailand especially when you do not have the ability to speak/read the Thai language would be much easier if it is handled by a reputable attorney. Like any divorce, they tend to be long drawn out procedures and disputes. It is always best to retain the services of a legal counsel when starting divorce proceedings as Thai divorce law can be complex and time consuming. Always speak to an attorney before going into any proceedings.
divorce battle Thailand
A divorce in Thailand is fairly straightforward however in many divorce proceedings in Thailand there tends to be a dispute which the parties cannot settle amongst themselves. This would typically be a dispute as to property or disputes related to the child/children.
The following documents would be needed during divorce proceedings in Thailand:
The original Marriage Certificate;
The original Identification card and House Registration Book of the Thai spouse;
The original passport;
The original Divorce agreement if you have one;
The original Prenuptial Agreement if you have one.
Evidence base on Grounds for Divorce, Section 1516
The most common disputes which arise from a divorce in Thailand would be seen as:
Guardianship of the Child or children
Child custody or the custody of the children
Access granted to the children/child and their ability to travel overseas
Fixed Property ( especially joint property such as a house)
Fixed Property inherited during the course of the marriage
Maintenance of both the minors or the spouse
Varied complications with regard to property bought in the name of the spouse
Spouse’s support/ maintenance, financial
Any divorce in Thailand especially when you do not have the ability to speak/read the Thai language would be much easier if it is handled by a reputable attorney. Like any divorce, they tend to be long drawn out procedures and disputes. It is always best to retain the services of a legal counsel when starting divorce proceedings as Thai divorce law can be complex and time consuming. Always speak to an attorney before going into any proceedings.
Divorce in Thailand: Consent. unopposed divorce in Thailand...
Divorce in Thailand: Consent
unopposed divorce in Thailand
Applying for a divorce in Thailand can be done reasonably easily if both parties agree to the divorce. Mutual consent to the divorce is simply a matter of both parties going to the District Registration office or Amphur in Thailand. This is the easiest type of divorce in Thailand. They would need the following documents for the divorce:
The original Marriage Certificate;
The original Identification card of the Thai spouse;
The original passport;
The original Divorce agreement if you have one;
The original Prenuptial Agreement if you have one.
Before the divorce registration, in case that the parties do not have the divorce agreement with them, the registrar will ask the parties to fill in a blank form of the divorce agreement which have blanks with regards to the property, child custody, debts/liabilities and others, and when the parties can agree, both of them will have to sign the agreement.
The divorce agreement is only in Thai and it would cover the following:
Property
Child Custody / Guardianship
Debts/Liabilities
Others
Once the divorce agreement has been signed the registrar will draft the memorandum of the divorce registration and have both parties sign off on the documents. They would then be issued a divorce certificate. All the documents are in the Thai language and this is where most problems would set in.
Common problems occur with regards to the following:
Guardianship and/or Child custody.
Access to the children/child
Property ( especially joint property)
Property inherited during the court of the marriage
Maintenance of minors or the spouse
Complications with regards to fixed property bought in the name of the other
Spouse’s support/ maintenance/ financial
Even though the process of an unopposed divorce does appear simple it does become complicated when all the variables are added. Once the documents are signed, it would take a court order to change any of the conditions changed later. It is best even during the process of a seemingly straightforward divorce to retain the services of an attorney. Do not rest with the thought that the officials at the District Registration office (“Amphurs office”) level of English will be at a level you would understand. In most cases it tends to be the ex-wife who would attempt to explain the process to the husband. Could you really trust the person you are about to divorce in Thailand to explain what your rights are?
Any divorce in Thailand when you do not speak or read the Thai language would be much easier if it is handled by a reputable attorney who at the very least would draft the divorce agreement for you. Retain an attorney for your divorce in Thailand today.
unopposed divorce in Thailand
Applying for a divorce in Thailand can be done reasonably easily if both parties agree to the divorce. Mutual consent to the divorce is simply a matter of both parties going to the District Registration office or Amphur in Thailand. This is the easiest type of divorce in Thailand. They would need the following documents for the divorce:
The original Marriage Certificate;
The original Identification card of the Thai spouse;
The original passport;
The original Divorce agreement if you have one;
The original Prenuptial Agreement if you have one.
Before the divorce registration, in case that the parties do not have the divorce agreement with them, the registrar will ask the parties to fill in a blank form of the divorce agreement which have blanks with regards to the property, child custody, debts/liabilities and others, and when the parties can agree, both of them will have to sign the agreement.
The divorce agreement is only in Thai and it would cover the following:
Property
Child Custody / Guardianship
Debts/Liabilities
Others
Once the divorce agreement has been signed the registrar will draft the memorandum of the divorce registration and have both parties sign off on the documents. They would then be issued a divorce certificate. All the documents are in the Thai language and this is where most problems would set in.
Common problems occur with regards to the following:
Guardianship and/or Child custody.
Access to the children/child
Property ( especially joint property)
Property inherited during the court of the marriage
Maintenance of minors or the spouse
Complications with regards to fixed property bought in the name of the other
Spouse’s support/ maintenance/ financial
Even though the process of an unopposed divorce does appear simple it does become complicated when all the variables are added. Once the documents are signed, it would take a court order to change any of the conditions changed later. It is best even during the process of a seemingly straightforward divorce to retain the services of an attorney. Do not rest with the thought that the officials at the District Registration office (“Amphurs office”) level of English will be at a level you would understand. In most cases it tends to be the ex-wife who would attempt to explain the process to the husband. Could you really trust the person you are about to divorce in Thailand to explain what your rights are?
Any divorce in Thailand when you do not speak or read the Thai language would be much easier if it is handled by a reputable attorney who at the very least would draft the divorce agreement for you. Retain an attorney for your divorce in Thailand today.
During the year, and at December 2007
During the year, and at December 2007 an interesting article made the news headlines in Thailand pertaining to divorce in Thailand with regards to expats. The Khon Kaen civil court in the period of three months had 142 divorce cases filed. The oddity about the 142 divorces in Thailand was that they had all been from mixed couples. That is Thai women wanting to divorce their western husbands. The Chief Justice of the Family Court pointed out that the time line for the 142 divorce cases had been between the period of 1st July 2007 and the 30th September 2007. Apparently according to the judge, the woman had become disillusioned by their marriages. What those reasons are though is not know. There had been no further statistics provided as to age groupings, financial status or nationalities of those in the divorce proceedings.
Even though it might be a total fluke, it does raise the question of the rise in divorce rates in Thailand overall. Like everything else, people getting married fail to heed the advice from attorneys to not only do a full investigation of their proposed spouse but to also protect their assets with a prenuptial agreement.
Even though it might be a total fluke, it does raise the question of the rise in divorce rates in Thailand overall. Like everything else, people getting married fail to heed the advice from attorneys to not only do a full investigation of their proposed spouse but to also protect their assets with a prenuptial agreement.
Πέμπτη 3 Ιουνίου 2010
Matrimonial Assets...
Matrimonial Assets
matrimonial assets in Thailand
There is the old saying that love is blind and a divorce opens your eyes. According to the latest statistics in the United States, 40% of all marriages end in divorce. Thailand is also seeing an increase in their divorce stats.It makes one wonder why so few are having prenuptial agreements signed in the first place. It is rather clear that the odds are stacked.
'Prenup’ or Prenuptial Agreements may be drafted in Thailand. There are many advantages of having a prenuptial agreement in Thailand. The benefit unfortunately only comes to play at the end of a marriage usually when it is too late. The numerous advantages of a Prenup or prenuptial agreement are that it affords your property protection from your spouse during a divorce.
A prenuptial agreement will lower your divorce costs;
A prenuptial agreement protects you if you are divorced and married again in Thailand as any children from your first marriage can be protected as you will ensure that they inherit their fair share.
The prenuptial agreement protects your children who inherit the assets as it will not form part of their joint estate;
The prenuptial agreement will protect your business from claims from your spouse;
The prenuptial agreement will protect you from creditors pursuing your spouse.
Without a doubt, a prenuptial agreement or prenup as it is known is a good starting point for any marriage. It will eliminate a messy divorce. Prenuptial agreements or ante-nuptial agreements as they are called in Thailand are governed by the Civil and Commercial Code statute. The format and procedures for a prenuptial agreement in Thailand are as listed below:
Section 1465
This section stipulates that in Thailand matrimonial assets, without any special agreement (such as a prenuptial agreement) concerning their properties will be governed by this chapter.
Section 1466
This is a very important section in the Civil and Commercial Code of Thailand. It states that a ‘prenup’ or ante-nuptial agreement that has not been signed by both parties and two witnesses and entered into the Marriage Register at the time of the marriage registration – is void.
Section 1467
There can be no amendments after it has been entered into the Marriage Register unless authorized by a court.
Always obtain the services of a reputable law firm to draft and register your marriage in Thailand. Lower your costs and risk by speaking to an attorney about your prenuptial agreement.
matrimonial assets in Thailand
There is the old saying that love is blind and a divorce opens your eyes. According to the latest statistics in the United States, 40% of all marriages end in divorce. Thailand is also seeing an increase in their divorce stats.It makes one wonder why so few are having prenuptial agreements signed in the first place. It is rather clear that the odds are stacked.
'Prenup’ or Prenuptial Agreements may be drafted in Thailand. There are many advantages of having a prenuptial agreement in Thailand. The benefit unfortunately only comes to play at the end of a marriage usually when it is too late. The numerous advantages of a Prenup or prenuptial agreement are that it affords your property protection from your spouse during a divorce.
A prenuptial agreement will lower your divorce costs;
A prenuptial agreement protects you if you are divorced and married again in Thailand as any children from your first marriage can be protected as you will ensure that they inherit their fair share.
The prenuptial agreement protects your children who inherit the assets as it will not form part of their joint estate;
The prenuptial agreement will protect your business from claims from your spouse;
The prenuptial agreement will protect you from creditors pursuing your spouse.
Without a doubt, a prenuptial agreement or prenup as it is known is a good starting point for any marriage. It will eliminate a messy divorce. Prenuptial agreements or ante-nuptial agreements as they are called in Thailand are governed by the Civil and Commercial Code statute. The format and procedures for a prenuptial agreement in Thailand are as listed below:
Section 1465
This section stipulates that in Thailand matrimonial assets, without any special agreement (such as a prenuptial agreement) concerning their properties will be governed by this chapter.
Section 1466
This is a very important section in the Civil and Commercial Code of Thailand. It states that a ‘prenup’ or ante-nuptial agreement that has not been signed by both parties and two witnesses and entered into the Marriage Register at the time of the marriage registration – is void.
Section 1467
There can be no amendments after it has been entered into the Marriage Register unless authorized by a court.
Always obtain the services of a reputable law firm to draft and register your marriage in Thailand. Lower your costs and risk by speaking to an attorney about your prenuptial agreement.
Prenuptial Agreements Prenuptial Agreements in Thailand
Prenuptial Agreements
Prenuptial Agreements in Thailand
Thai Prenuptial Agreements are authorized by law in Thailand. Prenuptial or Antenupitial Agreements must conform to the Civil & Commercial Code in Thailand. It is important that you seek counsel from a registered lawyer, attorney or solicitor familiar with the laws in your home country and in Thailand before preparing a prenuptial agreement with a Thai national fiance. Our law firm specializes in family law (marriage, prenuptial agreements, and divorce) in Thailand with our well experience lawyers, attorneys and solicitors who can draft prenuptial agreements tailored to your specific needs.
History of Prenuptial Agreements
Prenuptial agreements have been around for thousands of years. The practice dates back to the ancient Egyptians. Many years ago, the parents of the bride and groom negotiated the agreement on the new couple’s behalf. In the present time, engaged couples do their own negotiation, however family members often provide feedback to the new couple who will enter into marriage.
Ask me about Prenuptial Agreements in Thailand..
Definition of Prenuptial Agreement
A Prenuptial Agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.
In some jurisdictions, a prenuptial agreement is known as an “ante nuptial agreement,” or in today’s terminology, as a “premarital agreement.” The word “agreement” is sometimes substituted for “contract” as in “prenuptial contract.”
Who Should Make a Prenuptial Agreement?
US Citizens: Prenuptial agreements are valid in all 50 states. In fact, since 1983, at least 26 states have enacted a version of the Uniform Premarital Agreement Act, which encourages enforcement of prenups. Case law is sufficiently developed that a well-drafted prenuptial agreement, properly prepared by counsel for both parties, can withstand the toughest scrutiny.
UK Citizens: Prenuptial Agreements are not recognized by law in United Kingdom. However, some weight “may” be given by the court; it will nevertheless take the content of the agreement into account when reaching its decision. It is strongly recommended for British and UK Citizens to draft a prenuptial agreement for prior to marriage to Thai fiancé.
EU Citizens:
Australia Citizens:
Thai Citizens: Prenuptial Agreements are valid and enforceable under Thailand Law.
Benefits of Prenuptial Agreement
1. Protect your Separate Property
Frequently, disputes arise over how marital property should be allocated. Prenuptial agreements can be used to provide assurance that a couple's property will be disposed of according to their intentions. Through such an agreement, parties can designate ownership of property in the event of divorce, separation, or death of either spouse. The prenuptial agreement may provide for certain property to be transferred from one spouse to the other to create separate or joint property rights. These dispositions, and the contingencies on which they would occur, can be set forth in an organized and thoughtful manner in a properly drafted prenuptial agreement.
2. Protecting Business Assets
In cases where a business is owned by a small number of parties (e.g., a closely held corporation or a partnership), it is not uncommon for the owners to want to prevent a spouse from obtaining voting rights or claims against the business. In such cases, the owners can enter into an agreement that requires each, in the event that they marry, to execute a prenuptial agreement that provides for the prospective spouse to waive all rights to the owner-spouse's interest in the business in the event of divorce or death. The business associates may also wish to enter into a buy-sell agreement, where upon the death of a shareholder or partner, the remaining owners are required to purchase the decedent's interest in the business for a specified amount over a specified period.
3. Protection from other spouses debts
If one spouse incurs substantial debts before marriage, there may be a desire to protect the assets of the new spouse from the creditors of the debtor spouse. This can be accomplished in a prenuptial agreement by having the debtor spouse waive any claims to the new spouse's assets, except in the event of divorce or death.
4. Provide for Children
A prenuptial agreement can designate responsibility to provide support for children of a previous marriage, as well as children of the upcoming marriage. This may be especially important in instances where one spouse intends to give up a career as part of the marriage arrangement. The agreement can also cover issues concerning custody of all children.
5. Pass on Family Property
If one spouse has substantial interest in a family business, it is often the desire of that spouse, as well as the family members engaged in the business activity, to keep ownership within bloodlines. This could also be the case with family heirlooms and other assets of the family. It is not uncommon for parents and grandparents in wealthy families to be concerned about protecting family assets from the claims of an unintended heir, such as a decedent’s spouse. A prenuptial agreement can be written to provide that such assets are immune from claims by the new spouse.
Most states include a provision in their probate laws preventing one spouse from completely disinheriting the surviving spouse. These laws usually give the surviving spouse the right to elect against what was provided in the will and instead takes a set percentage of the deceased spouse's assets. Typically, the elective share is one-half or one-third of the estate Unified Probate Code Sec. 2-201, 8 U.L.A. 74 (1983).
6. Reduce Litigation Costs
Prenuptial agreements can eliminate litigation costs associated with contesting the will of a deceased spouse. They can be used to facilitate the divorce process and to provide assurance that the property will be distributed the couple's wishes. Individuals who have experienced a lengthy, messy divorce realize that a considerable amount of wealth can be lost during a legal battle, including legal fees and the fees charged by appraisers and expert witnesses.
Prenuptial Agreement Summary
Marriage does not last forever. It terminates with either death or divorce. Today, with the incidence of divorce on the rise and an increasing number of divorced persons remarrying, prenuptial agreements may become the rule, rather than the exception. Prenuptial agreements are becoming increasingly acceptable by jurisdictions whose courts are crowded with divorce cases and are looking for ways to reduce litigation.
Prenuptial Agreements in Thailand
Thai Prenuptial Agreements are authorized by law in Thailand. Prenuptial or Antenupitial Agreements must conform to the Civil & Commercial Code in Thailand. It is important that you seek counsel from a registered lawyer, attorney or solicitor familiar with the laws in your home country and in Thailand before preparing a prenuptial agreement with a Thai national fiance. Our law firm specializes in family law (marriage, prenuptial agreements, and divorce) in Thailand with our well experience lawyers, attorneys and solicitors who can draft prenuptial agreements tailored to your specific needs.
History of Prenuptial Agreements
Prenuptial agreements have been around for thousands of years. The practice dates back to the ancient Egyptians. Many years ago, the parents of the bride and groom negotiated the agreement on the new couple’s behalf. In the present time, engaged couples do their own negotiation, however family members often provide feedback to the new couple who will enter into marriage.
Ask me about Prenuptial Agreements in Thailand..
Definition of Prenuptial Agreement
A Prenuptial Agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage.
In some jurisdictions, a prenuptial agreement is known as an “ante nuptial agreement,” or in today’s terminology, as a “premarital agreement.” The word “agreement” is sometimes substituted for “contract” as in “prenuptial contract.”
Who Should Make a Prenuptial Agreement?
US Citizens: Prenuptial agreements are valid in all 50 states. In fact, since 1983, at least 26 states have enacted a version of the Uniform Premarital Agreement Act, which encourages enforcement of prenups. Case law is sufficiently developed that a well-drafted prenuptial agreement, properly prepared by counsel for both parties, can withstand the toughest scrutiny.
UK Citizens: Prenuptial Agreements are not recognized by law in United Kingdom. However, some weight “may” be given by the court; it will nevertheless take the content of the agreement into account when reaching its decision. It is strongly recommended for British and UK Citizens to draft a prenuptial agreement for prior to marriage to Thai fiancé.
EU Citizens:
Australia Citizens:
Thai Citizens: Prenuptial Agreements are valid and enforceable under Thailand Law.
Benefits of Prenuptial Agreement
1. Protect your Separate Property
Frequently, disputes arise over how marital property should be allocated. Prenuptial agreements can be used to provide assurance that a couple's property will be disposed of according to their intentions. Through such an agreement, parties can designate ownership of property in the event of divorce, separation, or death of either spouse. The prenuptial agreement may provide for certain property to be transferred from one spouse to the other to create separate or joint property rights. These dispositions, and the contingencies on which they would occur, can be set forth in an organized and thoughtful manner in a properly drafted prenuptial agreement.
2. Protecting Business Assets
In cases where a business is owned by a small number of parties (e.g., a closely held corporation or a partnership), it is not uncommon for the owners to want to prevent a spouse from obtaining voting rights or claims against the business. In such cases, the owners can enter into an agreement that requires each, in the event that they marry, to execute a prenuptial agreement that provides for the prospective spouse to waive all rights to the owner-spouse's interest in the business in the event of divorce or death. The business associates may also wish to enter into a buy-sell agreement, where upon the death of a shareholder or partner, the remaining owners are required to purchase the decedent's interest in the business for a specified amount over a specified period.
3. Protection from other spouses debts
If one spouse incurs substantial debts before marriage, there may be a desire to protect the assets of the new spouse from the creditors of the debtor spouse. This can be accomplished in a prenuptial agreement by having the debtor spouse waive any claims to the new spouse's assets, except in the event of divorce or death.
4. Provide for Children
A prenuptial agreement can designate responsibility to provide support for children of a previous marriage, as well as children of the upcoming marriage. This may be especially important in instances where one spouse intends to give up a career as part of the marriage arrangement. The agreement can also cover issues concerning custody of all children.
5. Pass on Family Property
If one spouse has substantial interest in a family business, it is often the desire of that spouse, as well as the family members engaged in the business activity, to keep ownership within bloodlines. This could also be the case with family heirlooms and other assets of the family. It is not uncommon for parents and grandparents in wealthy families to be concerned about protecting family assets from the claims of an unintended heir, such as a decedent’s spouse. A prenuptial agreement can be written to provide that such assets are immune from claims by the new spouse.
Most states include a provision in their probate laws preventing one spouse from completely disinheriting the surviving spouse. These laws usually give the surviving spouse the right to elect against what was provided in the will and instead takes a set percentage of the deceased spouse's assets. Typically, the elective share is one-half or one-third of the estate Unified Probate Code Sec. 2-201, 8 U.L.A. 74 (1983).
6. Reduce Litigation Costs
Prenuptial agreements can eliminate litigation costs associated with contesting the will of a deceased spouse. They can be used to facilitate the divorce process and to provide assurance that the property will be distributed the couple's wishes. Individuals who have experienced a lengthy, messy divorce realize that a considerable amount of wealth can be lost during a legal battle, including legal fees and the fees charged by appraisers and expert witnesses.
Prenuptial Agreement Summary
Marriage does not last forever. It terminates with either death or divorce. Today, with the incidence of divorce on the rise and an increasing number of divorced persons remarrying, prenuptial agreements may become the rule, rather than the exception. Prenuptial agreements are becoming increasingly acceptable by jurisdictions whose courts are crowded with divorce cases and are looking for ways to reduce litigation.
Εγγραφή σε:
Αναρτήσεις (Atom)
.jpg)