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Posted

Can anyone shed some light to the process and possible pitfalls of making a prenup in Thailand and/or give answers to the below questions?

By default assets before marriage are separate and everything after is common with a few exceptions, such as inheritance?

Is alimony a thing in Thai law?

What are the default rules for inheritance in case of death wrt a marital partner - how much is my partner entitled to? Can I override those rules in a prenup agreement? If that's not a possibility, can I override them in a will/testament? If so, should I legalize that will in Thailand, my home country or both?
 

Posted

AFAIK there are no prenups under Thai law for your Thai assets. However, your home country may recognize a prenup or marital agreement for your assets outside of Thailand.

Posted
On 7/19/2022 at 1:52 AM, Dusit99 said:

Is alimony a thing in Thai law?

As far as I know: No

But if you are legally married then maybe the law of your home country will apply.

I heard (unconfirmed) about deals between lawyers and bargirls to get alimony payments from the German fathers of their kids. It seems those German fathers have to pay according to German law even if the Thai mother and child are in Thailand. 

Posted

With those questions you may want to think about not getting married and live together for a while ... decade or 3.

 

I courted (lived with) present wife for 8 yrs before marrying.

 

There are ways to protect your 'investment' or rights, sort of.  Although if buying a house, in her name (so hers), and say the family want you out, then health wise it might be a good idea to do what they say.

 

Usufruct & POA (to sell) is best protection, which I had and used with 1st Thai wife. 

Wills are OK, and need to be in Thai script, and should be registered.   Thai law does not extend past it's border, so overseas assets are safe, unless of course, he or she has rights in your home country.  Child support will cross borders, I think, though most won't chase after it.

 

Prenup, I wouldn't bother, just invest no more than you can afford to lose.  Safest way for your future if it all goes tits up.

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