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Home » Reader question » Is it possible to have a prenuptial agreement drawn up afterwards in Thailand?
Dear readers,
I live in Thailand with my Thai wife and child. We got married in Thailand without a prenuptial agreement. Is it now possible to have prenuptial agreements drawn up afterwards?
If possible,
Which lawyer is best for me?
Thank you in advance.
Regards,
Arnold
Editors: Do you have a question for the readers of Thailandblog? Use it contact form..
This is possible in the Netherlands. You can also have your prenuptial agreement drawn up after the wedding day. However, if you have made significant investments together in the meantime, such as purchasing a house, these will have to be divided in a deed of division.
Consult a notary in Thailand, who is the appropriate person for this.
Thailand only has the pre-nuptial agreement. See Civil Code art 1465 et seq. The word says it all: the prenuptial agreement is concluded before the marriage, art 1466 and not afterwards. At the time the marriage is concluded, the agreement must be registered in the marriage register of the local amphur. It can only be changed or terminated via the Court.
If a business contract is/is deemed necessary after the marriage, this should be done through a lawyer. As is known, there is no such office as a notary in Thailand. However, there are lawyers who handle notarial matters. Nevertheless, a family law lawyer is recommended.
Do not forget to enforce a post-nuptial contact via the lawyer with the Court, with the binding condition that, despite Article 1469, the contact can only be terminated by separation, and not by unilateral termination, before registering with the amphur. So afterwards, 3 steps are required: drawing up a legal contract through a relevant lawyer, confirming the contract with the Court, registering it in the marriage register.
Ad art 1469: a “normal” contract between spouses may be revoked at any time during the marriage. From there, drop by the Court. Such a contract automatically expires no later than one year after divorce. Click: https://shrturl.app/HZVJcD