Background:
In the absence of a prenuptial agreement, property rights division of assets and alimony in a divorce case will decide according to the existing law and the discretion of a trial court judge. Therefore due to the uncertainty of a potential divorce decision, many spouses enter into a prenuptial (or premarital) agreement to more adequate, plan for their financial future. The requirement of Thai law in regard to prenuptial agreements therefore create a complicates situation for non-Thai spouses or spouses who wish to protect assets outside of Thailand. The decision to use foreign law in a prenuptial agreement and the procedure to implement such as foreign law agreement therefore very specialized area of conflict of law and international legal procedure
A prenuptial agreement must be officially registered in Thailand before the marriage. In the US and other western countries, it is generally a private agreement between parties and is not registered with the government. Moreover, Thailand will only register prenuptial agreement that conform to Thai law. Foreign prenuptial agreement are not permitted to be registered in Thailand.
Our Experience:
Our attorneys have assisted in drafting and registering hundreds of domestic and international prenuptial, advising on agreements for our clients. Our partners are internationally recognized experts in the field of international prenuptial law and procedure and have published academic article and training attorneys' international prenuptial agreement law. We have assisted scores of foreign lawyer in navigation the maze of international law practice. Many of our clients have been persons with signification asset are in Thailand and abroad who have closely placed their trust in our multi-disciplinary team of international attorneys.
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