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A Thai prenuptial agreement (also referred to as a Thai prenup) can provide a great deal of protection for individuals should a marital union be dissolved. A premarital agreement can also be very beneficial because it can provide certainty and transparency for the parties to a marriage. That said, a prenuptial agreement (Thai or otherwise) should be drafted in such a way that it provides protection for one’s property or real estate holdings as well as corporate assets and financial instruments. In Thailand, ensuring that a prenuptial agreement comports with all applicable formalities can be difficult which is why it is always prudent to consult with a Thai lawyer regarding such matters. For those foreign nationals with assets outside of the Kingdom of Thailand it may also be wise to consult with an attorney in the jurisdiction where one resides or maintains property in order to take all reasonable measures to ensure the integrity of one’s estate.

In Thailand, a prenuptial agreement must be registered at the time of the marriage in order for it to be enforceable by Thai courts. In a way, it may be better to think of prenuptial agreements as simply “nuptial  agreements” as the agreement does not exist until the simultaneous registration of that document and the marriage. Many Americans in Thailand opt to register a prenuptial agreement prior to the marriage that will act as a basis for a US Marriage Visa.

Corporate Assets

For those with corporate assets in the form of stocks, bonds, mutual funds, or options it is always prudent to seek information regarding a prenuptial agreement as such an agreement could protect one’s corporate assets in the event of a marital dissolution. In Thailand, those who have an ownership interest in a Thai company are wise to research prenuptial agreements prior to marriage in order try to maintain one’s holding in the event of a divorce.

Thai Property

Although foreign nationals cannot own land in Thailand, there are other property interests that one may have pursuant to Thai law, these include, but are not limited to: Thai Condo ownership, Thai usufructs, Thai 30 year leases, etc. Those with Thai real estate should consider a Thai prenup prior to marriage registration.

Marriage is a major event in one’s life. It can also have a significant impact upon the legal posture of one’s assets and interests. Therefore, those with an eye towards marriage should consult with a family lawyer within one’s local jurisdiction prior to marriage registration in order to help ensure that one’s assets are properly protected.

Tags: prenuptial agreement Thailand, Thai Company, Thai prenuptial agreement, Thai Property, Thai Real Estate, Thailand Marriage, Thailand Marriage Registration, thailand prenuptial agreement, Thailand Property, Thailand Property Law, Thailand Real Estate, Thailand Real Estate Law
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For many Thai-American couples a prenuptial agreement is an effective method of ensuring that bot parties understand the rights, obligations, and responsibilities that marriage entails. The US Embassy in Bangkok, Thailand issues a large number of visas to the fiancees and spouses of American Citizens. As this is the case, one of the ancillary issues regarding US Immigration involves prenuptial agreements as many couples opt to have a Thai Prenuptial Agreement signed prior to a marriage which is used as a basis for a K3 Visa or a CR1 Visa or they opt to have a prenuptial agreement drafted prior to a Thai fiancee’s departure to the USA on a US fiance visa (also known as a K1 visa). That being said, having a prenuptial agreement properly drafted is extremely important as failure to properly draft such an important document could lead to unforeseen problems down the road.

In previous posting on this blog, this author has discussed the importance of having a licensed US attorney act as a representative in US Immigration matters as “visa companies,” “visa agents” and fly by night operations claiming to be either lawyers, attorneys, or both cannot represent clients before the United States Citizenship and Immigration Service (USCIS). With regard to a Thai prenup, one should retain a licensed American attorney to draft a prenuptial agreement if for not other reason than the fact that they are trained in the working of United States law as well as the common law system in general. Unfortunately, those falsely claiming legal credentials are often drafting documents that are insufficient to ensure the security of one’s assets.

The obvious question that many people in Thailand have is: how can I be sure that the person drafting my prenuptial agreement is a lawyer? As with United States Immigration matters, the best way to verify an individual’s credentials is to ask for either a State Supreme Court License, a State Bar Association Membership Card, or a Federal license to practice law in a US Federal jurisdiction. After receiving the individual’s credentials, it may be necessary to check with the Supreme Court or Bar Association to be certain that the individual is an attorney in that jurisdiction.

Prenuptial Agreements are very important documents and they should be carefully drafted by someone with legal acumen. Entrusting something so important to those without credentials is a risky endeavor that will likely not be recognized until long after correspondence with the drafter has terminated.

For further information please see: Prenuptial Agreement Thailand.

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Posted in CR1 Visa, Fiance Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, prenuptial agreement, Thai Family Law, Thailand Marriage Registration, Thailand Property, Thailand Real Estate, US Visa and Immigration, US Visa Thailand | 22 Comments »

An often asked question among foreign nationals in Thailand is: Can we get married in Thailand? More often, the question is posed with some variation. For example: Can two Americans get married in Thailand? Or, can two Canadians get married in Thailand? Finally, a common question: my fiancee is British (or any other nationality) and I’m an American, can we get married in Thailand? All of these questions can be answered relatively quickly: Yes, provided all parties meet the legal requirements.

Thailand marriage registration can be very quick when compared to certain common law jurisdictions. In many States in the USA, there is a statutorily prescribed waiting period between marriage license obtainment and marriage solemnization. In Thailand, there is no such delay. In many ways, the Thai civil administration system is much more streamlined when compared to the common law system, particularly that of the United States. In the US, the separation of powers and federalism create a system in which different sovereigns have different methods of registering a marriage. In Thailand, the system is uniform and marriage records are kept at the local Amphur Office (or Civil Registrar’s Office). The Amphur keeps copies of Marriage Registration information as well as household registration information known as a Tabien Baan.

Obtaining a household registration for a foreigner (known as a Foreign Tabien Baan or a Yellow Tabien Baan) can be difficult, but marriage registration for foreign nationals really depends upon the country of nationality. Thai officials require that foreigners prove their marital status by obtaining documentation from their Embassy or Consulate that is accredited to Thailand. For those from common law jurisdictions it can be relatively easy to obtain such documentation, but other civil law jurisdictions can cause difficulties. It may be best for those interested in registering a marriage in Thailand to check with their Embassy or Consulate to ascertain how long it would take to obtain certain necessary documentation (Most notably, an affidavit of an ability to marry).

Although it is not something that some people wish to discuss at the time of marriage, the issue of divorce in Thailand is important. Thai Courts may or may not take jurisdiction over a divorce involving two foreign individuals married in Thailand and therefore jurisdiction for a later divorce proceeding may depend upon other factors. Finally, in any conversation about marriage registration it should be noted that a Thai Prenuptial Agreement will only be enforceable if it is registered at the same time as the marriage.

Tags: Amphur, Amphur Office, Divorce in Thailand, fiancee, Foreign Tabien Baan, Get Married In Thailand, marriage in Thailand, Married in Thailand, Tabien Baan, Thai prenuptial agreement, Thailand Marriage Registration, Yellow Tabien Baan
Posted in Thailand Marriage Registration | 31 Comments »

Prenuptial Agreements are important instruments both for asset protection and for litigation avoidance. For those who wish to execute a prenuptial agreement in Thailand, the advice of a competent licensed attorney is highly recommended.

Many who are in the process of getting married do not wish to discuss the prospect of a possible marital dissolution. This attitude is similar to those who do not wish to discuss estate planning or Wills because they do not wish to think of their own death. Although an understandable feeling, often dealing with such issues in an open and reasonable manner can put all parties at ease. With regard to prenuptial agreements, there are some formalities which must be dealt with after the marriage has been registered.

For those with a retirement or pension plan, the effects of the Employee Retirement Income Security Act of 1974 (ERISA) can have a major impact upon the Thai Prenuptial Agreement process. As mentioned previously on this blog, and elsewhere, prenuptial agreements need to be properly drafted by a competent attorney. Also, the Thai fiancee signing the agreement should be provided with independent counsel in order to ask questions about the agreement and have all rights, obligations, waivers, and entitlements explained in layman’s terms. Further, if the Thai fiancee is not a native English speaker, then it may be advisable to have a Thai interpreter assist in advising her as to her rights.

That being said, ERISA requires that a further waiver be signed after the marriage is registered or executed. This is due to the fact that only a spouse is entitled to waive rights delegated under ERISA. As ERISA is Federal law it trumps state law pursuant to, among other things, the Supremacy Clause of the United States Constitution. Those with a pension or retirement plan covered under ERISA, should seek experienced legal counsel to explain how their interests can be protected in a prenuptial agreement. Fortunately, their are ERISA waivers which allow the parties to make individualized provisions as to the distribution of pension funds in the event of marital dissolution. That being said, attorney consultation is highly recommended as ERISA can be a very complicated area of law.

As with any premarital agreement, a Thai prenuptial agreement should be signed prior to the marriage. However, Thai prenuptial agreements are registered at the same time as the Thai marriage registration. Therefore, it may be possible to execute an ERISA waiver soon after marriage registration in Thailand.

Tags: ERISA, Marriage Registration Thailand, Marriage Thailand, Pension Plan, Retirement Plan, Thai prenup, Thai prenuptial agreement, Thailand Marriage, Thailand Marriage Registration, Thailand prenup, thailand prenuptial agreement
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Unfortunately Thailand is a breeding ground for disreputable firms offering drafting services for a Thai prenuptial agreement. One of the telltale signs of such an operation is a so-called American “lawyer,” offering an American Prenuptial agreement for Thai fiancees. The first thing one ought to do when dealing with anyone claiming to be an attorney: ask for their credentials. An actual licensed attorney from the United States should be able to produce a bar card, supreme court license, or US Federal license to practice law.

That being said, there are further issues to remember when drafting a prenuptial agreement. One major formality should be adhered to when creating a prenuptial agreement and failure to adhere to this formality can severely damage a prenuptial agreement’s later enforceability. This important formality is a review with an independent attorney.

A prenuptial agreement, like many legal contracts, requires that all parties understand the agreement at the time that they sign it. In cases where the agreement is with a Thai fiancee, it is wise to have both a Thai version of the agreement and an independent attorney who can review the agreement with the fiancee so that she understands all aspects of the agreement and all of the legal rights and benefits that she is both acquiring and relinquishing by signing the agreement. Having the agreement drawn up by an unlicensed attorney runs the risk of having its provisions later thrown out due to poor draftsmanship. Further, failure to have an independent attorney review the document with the Thai fiancee could result in a court finding that the provisions of the agreement should not be followed because the Thai fiancee did not understand what she was signing when she signed it.

For these reasons, it is highly advisable to retain a licensed attorney to draft a prenuptial agreement in both Thai and English. A legitimate attorney can then refer the Thai fiancee to another licensed independent attorney who can provide an accurate and impartial assessment of the agreement as well as answer any questions that the Thai fiancee might have.

Some couples opt to have their signatures notarized and in Thailand an attorney will likely have access to a Thai notary. If the couple plans to sign the agreement in the United States, then it would be wise to retain the services of a notary in the state where the agreement is signed. A notary must actually witness the signatures of both parties. At American Citizen Services at the US Embassy in Bangkok the consular officers can provide notary services. Although a Thai notary is valid if the agreement is signed in Thailand.

For more information, please see Thailand Prenup.

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In many cases, those thinking of drafting a Thai prenuptial agreement also ponder the related issue of a Last Will and Testament in Thailand. Although both of these instruments can have an impact upon the distribution of Thai property they should not be viewed as completely complimentary devices as they serve different purposes and the drafting of these documents requires adherence to different sets of rules regarding legal formalities.

A Thai prenuptial agreement is an instrument used for the purpose of pre-designating a property distribution should a marital relationship dissolve. If the underlying marriage is registered at an Amphur office (Civil Registrar’s office) in Thailand, then the Thai prenuptial agreement must be simultaneously registered with the marriage. Failure to simultaneously register the Thai prenup could, and may very likely, result in a Thai court subsequently refusing to take notice of the prenuptial agreement when deciding how the marital estate should be divided.

A Thai will is a testamentary instrument that is used to divide the estate of a Thai or one who has died in Thailand. When drafting a will in Thailand, or in any jurisdiction, one must adhere to certain legal formalities in order to ensure that a court will enforce the provisions of the will itself. When a court divides the estate of the deceased, this process is known as probate and a probate court could throw out an improperly drafted will. This is why retaining the advice of a Thai lawyer may be advisable when drafting a new Thai will.

So-called “spouse election,” statutes should be mentioned when discussing Thai prenuptial agreements and wills for United States Citizens looking to marry Thai nationals. A “spouse election,” statute is a type of legislation that exists in many jurisdictions throughout the United States. Such legislation is designed to curb disinheritance of surviving spouses in wills or other testamentary devices. The result of “spouse election,” statutes in the USA is that the spouse of a deceased person can usually be confident that they will inherit at least 1/3 or 1/2 of the net probate estate (the actual percentage depends upon the state). Such rules are important to note for those drafting a prenuptial agreement because a prenuptial agreement should not be drafted in such a way that its provisions contravene the “spouse election” statute in the state of the US Citizen’s residence. Therefore, it may be wise to consider Wills and Prenuptial agreements as wholly separate instruments and thereby keep each of these instruments free of provisions that stray into the bailiwick of the other.

Tags: prenup, prenuptial agreement, prenuptial agreement Thailand, Thai prenup, Thai prenuptial agreement, Thai Will, Thailand prenup, thailand prenuptial agreement, Thailand Will
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In Thailand, the method of executing a valid marriage is very different from the United States or other common law jurisdictions. A marriage registration is usually conducted at a local Amphur office (Amphoe office). In cases involving a Thai national marrying another Thai national, the process is very straightforward as the couple need only produce their identity documentation and house registration. However, in cases involving a foreigner and a Thai national, the foreigner must produce a great deal of documentation to prove that he or she is unmarried as well as legally free to marry. Depending upon the person’s home country, some or all of this documentation can be obtained either at the Embassy in Thailand or at offices in the person’s home country.

Two foreigners can also execute a lawful marriage in Thailand, but the registration of the marriage could take more time and require the filing of more documentation as neither of the prospective registrants are Thai citizens. Often, this situation has an easy solution as both parties deal with their home government which provides documentation proving that the prospective registrant is unwed and free to marry. In the case of Myanmar (Burma) this is not necessarily true.

Under the laws of the Union of Myanmar heavy restrictions are placed upon Burmese women who opt to marry non-Burmese people. One aspect of these restrictions that manifests itself often in US Immigration matters is the reluctance or refusal of the Burmese government to issue passports to female Burmese nationals seeking to marry a US Citizen either after issuance of a K1 visa or before issuance of a K3 visa or CR1 visa. The Burmese government’s intransience in these matters often results in difficult Immigration cases as the American government often requires a valid passport before a visa will be issued to a non-US citizen.

In Thai marriage registration cases, a similar problem arises as the Burmese (Myanmar) government, through the Myanmar Embassy in Bangkok, this post often refuses to issue affidavits showing the Burmese national as single and free to marry. Amphurs in Thailand require this document before they will execute a marriage between a Thai or a foreigner and a Burmese national. Therefore, failure to obtain this document results in an inability to marry in the Kingdom. Further, the execution of a marriage in Burma (Myanmar) is likely more difficult due to the statutory restrictions imposed upon Burmese women seeking to marry foreign men.

In situations such as this, it may be necessary to plan ahead and obtain passports and other documentation long before it may ever be necessary. Contacting a Bangkok lawyer or US Immigration lawyer may be beneficial as either of these professionals could advise about solutions to such problems.

One should note that Thai prenuptial agreements can be drafted for a marriage in Thailand, but the agreement must be registered simultaneously with the marriage in order for the agreement to be valid in the Kingdom.

Tags: Burmese Marriage, Married in Thailand, Register a Thai marriage, Thai Marriage, Thai MArriage Registration, Thai prenuptial agreement, Thailand Marriage, Thailand Marriage Registration, Thailand MArriage Registration for Burmese, thailand prenuptial agreement
Posted in CR1 Visa, Fiance Visa Thailand, General Legal Information, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K3 Visa, Miscellaneous, Thai Family Law, Thailand Business, Thailand Marriage Registration, us embassy bangkok, US Embassy Burma, US Embassy Thailand, US Visa and Immigration, US Visa Thailand | No Comments »

Few people wish to discuss what will happen should a marriage breakdown, but unfortunately divorce is an issue that many people confront at least once in their lifetime. With this in mind, those living in Thailand researching the issue may be surprised to learn that divorce in Thailand can be quite different when compared against divorce procedures in common law countries.

One of the major differences between divorce procedure in Thailand and divorce procedure in the United States of America is the presence of an Amphur office. The Amphur office is the civil registrar for vital information pertaining to the citizens and permanent residents of Thailand as well as foreign visitors in the Kingdom. Amphur officers are empowered with the authority to execute legally binding marriages, change names, record, births, record divorces, as well as other functions. In Thailand marriage registration usually involves a trip to the Amphur’s office to have the marriage legalized. In many divorce cases in Thailand, the converse is true for the dissolution of a marriage. Provided that there are no major disagreements between the parties, a sort of “no contest” divorce can be easily granted at the local Amphur office. However,  should the parties have any type of disagreement, then a protracted divorce proceeding must occur in the Thai court system.

An immediate issue surrounding the issuance of an Amphur divorce is: will the United States recognize the divorce as binding? Quite simply: Yes. A divorce registered at an Amphur office is considered legally binding for US purposes. This is particularly important in K1 visa cases, as a common question from prospective US Citizen petitioners is: “what do they mean my Thai fiancee must be legally free to marry?” This means that they need to be single, divorced,  or their prior spouse must be deceased. The United States government considers a Thai Divorce, granted in Thailand, valid.

Another issue ancillary to Thai divorce is that of a prenuptial agreement. Under Thai law, a prenuptial agreement must be recorded contemporaneously along with the recording of the Thai marriage. Once properly recorded, the prenuptial agreement will be the touchstone for dividing marital assets in Thailand.

In cases where a Thai divorce cannot be executed directly through the Amphur office it may be necessary to file the divorce action in the Thai courts and upon final judgment of dissolution, the couple must present the judgment to the Amphur for registration.

Another issue to think of when contemplating a Thai divorce is the issue of how one’s property will be divided post -divorce pursuant to a Thai will. For the sake of avoiding prolonged probate, it may be wise to change ones Thai will in tandem with the divorce registration.

Tags: Amphur, K1 Visa Thailand, prenuptial agreement Thailand, Thai Divorce, Thai Marriage, Thai prenuptial agreement, Thailand Divorce, Thailand Marriage, Thailand Prenuptial Agreemnt
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Prenups in Thailand

Prenuptial Agreements in Thailand are one area of law where diverse legal specialties intersect. The reason for this intersection is the fact that Prenuptial Agreements can involve many jurisdictions as well as substantive areas of law. As an example, if a prenuptial agreement is drafted and executed in Massachusetts, but the divorce occurs in California, what state’s law will govern? In what state will the agreement need to be adjudicated?

Further add the element of a Foreign Country’s laws being added into the equation and conflict of laws questions multiply exponentially. In the example of Thailand, under Thai law, the prenuptial agreement is registered with the marriage so that the agreement becomes part of the marriage contract. Therefore, if the prenuptial agreement is not registered with the Amphur at the time of the Thai marriage, then the prenuptial agreement is likely to be rendered unenforceable.

Conversely, in most jurisdictions of the United States, the prenuptial agreement need only be signed by both parties before the marriage takes place in order for the legal formalities to be met. So, what does one do about ensuring that a prenuptial agreement is properly drafted? In Thailand, it is essential to retain the service of firm that knows how to handle prenuptial agreement drafting where multiple jurisdictions are involved. There are many so-called “visa agents” and “visa specialists” who have gotten into the business of drafting prenuptial agreements and charge exorbitant rates for a document of dubious quality because it was not drafted by a legal professional. Always be leery of this type of operator.

Essentially, a prenup drafted for US jurisdictions and translated into Thai is a very effective method of asset protection, but it is not 100% guaranteed. Prenuptial agreements can be thrown out for many different reasons, but the most common reasons for a judge to throw out a Thailand prenup is the fact that it is unconscionable, one party truly did not understand what they were signing when they signed it, or the prenuptial agreement dictates terms on issues that the court feels it has no right to dictate (generally, child custody and child support payments are issues that a properly drafted prenuptial agreement should not mention).

One of the most important things to consider when obtaining a Thai prenup is to make sure that the Thai party had a translated version and had adequate legal counsel who was an independent operator.

(Nothing in this post is meant as a substitute for personal legal advice. No attorney-client relationship is created by reading this post).

For information about Us Immigration for Fiancees and Wives from Thailand, please see:

Fiance Visa Thailand or K3 Visa Thailand

Tags: Thai Notary, Thai prenup, Thai prenuptial agreement, Thailand Notary, thailand prenuptial agreement
Posted in General Legal Information, Miscellaneous, Thai Family Law | 1 Comment »

A common question for people getting married in Thailand is: can I get a prenuptial agreement in Thailand? The answer to this question is a resounding yes. Prenuptial agreements are recognized under Thai law and, if properly drafted, a Thai prenuptial agreement will be registered at the time of the Thai marriage. This is not the end of the story. There are some details that should be discussed before obtaining a Thai prenuptial agreement.

Thai Prenuptial Agreement when Registering a Marriage in Thailand

In Thailand, in order for a prenuptial agreement to be enforceable, the agreement must be registered at the time of the marriage. This is a literal statement, meaning that the agreement is attached to the marriage registration and is incorporated into the Thai marriage registration process. This is slightly different from prenuptial agreements in the US where they are simply signed before the marriage and it is somewhat separate from the marriage legalization.

Thai prenuptial agreements and US law

In a Thai prenup it is advisable to choose what type of law will govern the agreement. This means that if two people sign a prenuptial agreement that uses Idaho law, then at the time of the marriage dissolution, Idaho law will govern the agreement, regardless of where the divorce takes place. For Thai prenuptial agreements this is an important concept because it is probably not a good idea to use Thai law to govern the agreement. The reason for this is that most American jurisdictions will have a difficult time adjudicating property distributions on Thai legal principles due to the fact that those principles are foreign to concepts under common law. Also, a major reason for not using Thai law is the fact that the legislation is written in Thai and would thus be difficult to translate and interpret. This being said, a choice of law provision can be incorporated into a Thai prenuptial agreement so that US law will govern the agreement even though the agreement was executed in Thailand.

Why a US Attorney is necessary for Thai Prenuptial Agreements drafted for Americans

A US attorney in conjunction with a Bangkok lawyer can draft a prenuptial agreement that fully comports with both Thai and US law and ensure that it fully protects an American client’s assets should a divorce occur. Although Thai prenuptial agreements are not a guaranteed method of asset protection, they provide a great deal of protection for assets should a divorce arise.

Tags: prenup, prenup bangkok, Thai prenup, Thai prenuptial agreement, thailand prenuptial agreement
Posted in General Legal Information, Miscellaneous, Thai Family Law | 6 Comments »