Prenuptial Agreement in Thailand
The practice of having a prenuptial agreement is not accepted by some since for them, it is a sign of having distrust with their soon-to-be spouses. Some of them would think that executing the agreement only mean preparing for an eventual legal separation with their spouses.
However, executing a prenuptial agreement is not preparing for an "eventual" separation between the soon-to-be husband and wife but actually it is a preparing a plan for the management of the assets during marriage and "in case" there would be a legal separation, how these would be distributed or assigned between them.
A prenuptial agreement is really a practical piece of document that couples in legal marriage should have. Its practicality, however, is often times overlooked especially by those who already have a bias against it due to their personal reasons and convictions.
Thai Prenuptial Agreement for Australian Citizen
On one hand, in Australia, the prenuptial agreement is governed by the Family Law Amendment Act. In order to be admissible, the law said the agreement must be in writing and signed by both parties. Each party would then be provided with a copy.
The same law also declares an agreement to be non-binding if it was drafted and executed under fraudulent circumstances among other reasons.
On the other hand, a prenuptial agreement in Thailand also needs to be in writing. Nonetheless, both parties needs to have their own counsels to assist them in the preparation of the agreement. It must be signed by them with the presence of two qualified witnesses.
As prescribed by the Civil and Commercial Code of Thailand, the prenuptial agreement needs to be registered at the Amphur where the marriage of the parties involved will be registered.
Now, to settle the question whether or not a prenuptial agreement to be co-authored and signed by an Australian in Thailand is also applicable and enforceable in Australia, he must consult an attorney in the Kingdom who has an extensive knowledge and experience on both countries’ applicable laws. This is to ensure that the prerequisites of both countries are met and followed therein and one of which is that attorneys that have made the agreement must also be registered to practice in Australia otherwise the said agreement would not be binding in the country.