Post-nuptial Agreements

[NewInvestor]

Are post-nuptial agreements enforceable in Thailand? I have read that prenuptials must be registered at the time of marriage, and I have heard different opinions on whether postnuptials can be enforced. Of course, lawyers always want your business, and they will get paid whether or not the postnuptial really works, probably paid more if the postnuptial doesn't work and you need them to try further...

Anybody have any real experience with this?

I would think that this would be a hot topic for this forum for obvious reasons, but in a search I can find only one thread on this topic, actually on another topic but it mentions pre- and post-nuptials and has differing, vague opinions.

[Mario2008]

As far as I understand in Thailand you can only enter a nuptial agreement when you register the marriage. As they are lawful, you can enforce them. Note however that in Thailand you can also divorce by mutual agreement for free at the amphur. So negotiating about a settlement can speed up the process and reduce the legal fees. Not to mention that under Thai law you can only divorce on the grounds mentioned in the law, if it is not by mutual consent.

If you were married in another country, the situation might be totaly different as normaly that countires law will apply to a nuptial agreement. For that situation I siuggest you get proper legal advice and I'm not sure about how to enforce that.

[thaiwanderer]

iirc an agreement entered into by husband and wife can be voided by either party at any time during the marriage or within 1 year of its ending as long as a 3rd party is no thereby prejudiced - have a look in the civil and commercial code

[H2oDunc]

Are post-nuptial agreements enforceable in Thailand? I have read that prenuptials must be registered at the time of marriage, and I have heard different opinions on whether postnuptials can be enforced. Of course, lawyers always want your business, and they will get paid whether or not the postnuptial really works, probably paid more if the postnuptial doesn't work and you need them to try further...

Anybody have any real experience with this?

I would think that this would be a hot topic for this forum for obvious reasons, but in a search I can find only one thread on this topic, actually on another topic but it mentions pre- and post-nuptials and has differing, vague opinions.

You love the woman so much you want to marry her yet you are thinking of how little you can get away with paying her when you divorce!!!!!!!!!!!!!!!!!!!!!!

My suggestion would be not to marry her if you do not trust her, SIMPLE!!!!!!!!!!!!!!!!!!! Very cheap also

[JetsetBkk]

iirc an agreement entered into by husband and wife can be voided by either party at any time during the marriage or within 1 year of its ending as long as a 3rd party is no thereby prejudiced - have a look in the civil and commercial code

- that means they are useless.

[sassienie]

Another point worth mentioning, is how these Post-nuptial Agreements apply to Farangs as regards having assets in Thailand.

Foreigners here cannot legally own certain assets such as land, real estate and some businesses.

This means that a Farang cannot have Post-nuptial Agreements on assets he/she cannot legally own.

Take good advice on these issues first before entering into any agreements.