The termination of a marriage in Thailand between two spouses would require them to eventually come up with an inventory and distribution of their individual properties which have been accumulated prior to and during the marriage. A prenuptial agreement in Thailand will come in handy when assigning particular properties without inflicting any difficulty in determining its ownership. Always check if your Thai fiancee is divorced as it might affect your marriage registration in Thailand. Speak to a lawyer in Thailand for assistance.
Thai Divorce Issues
Drafting a Thai prenuptial agreement prior to marrying has been proved to have many advantages for both of the spouses. Here are some of its advantages:
– It would implement certainty regarding the ownership and management of certain properties of each of the spouses. The contract itself will serve as evidence of ownership being placed under inventory, and this is so because both of the spouses have signed the said contract. That is why in case of marital dissolution, both the spouses can simply refer to the prenuptial agreement for guidance concerning property ownership.
– The costs during the process of distributing the properties would be much lesser because it takes less time and expenses to conclude as to which property are owned by whom.
– The inclusion of an inventory of properties in the agreement would serve as protection for excessive debts brought upon by either spouse. The ownership of their respective properties is specified and using the property of the other as a fall back for the debtor would not be allowed. Thai law specifies that personal property becomes accountable for debts incurred jointly by both spouses. In cases where only one spouse carried out a personal debt, the prenuptial agreement can legally obstruct the creditor from resorting to the others’ property.
– The effects of a Thai prenuptial agreement exceeds the marriage and the divorce, and it may also serve as a tool for estate planning. In separating a property from the communal property, the owner.
If you are getting married to a Thai who is divorced then you will need to know the basics as well as child custody in Thailand as these might become issues later during the visa process if you are taking minor children with you. Always take proper legal advice when it comes to family law. The K1 Visa in Thailand as well as the British Fiancee visa will need an application for the minor children as well. The very same goes for the Australian Fiancee visa.