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Prenuptial (ante-nuptial) Agreement
In order to manage property between husband and wife. In Thai law, husband and wife are free to exercise and manage the ‘Separate property’. However, for the ‘Community Property’. Some transaction or contract between husband or wife with a third person. In other words, both of them are not free to manage their Community Property. It shall be jointly exercised and managed or having obtained the consent from another.
However, this law may be obstructive to exercising property rights. Therefore,Thai family law allows husband and wife to decide their own way to exercise their rights by making the prenuptial agreement. However, this agreement will be fully effective after registering with the Family Department.
Another key point to remember is that all contracts in Thailand are not only subject to the general condition of validity. But also subject to speciality law. In this case, there are more conditions of validity. We have already provided in the article How prenuptial agreement works in Thai law?. Importantly, you may need a last will and testament to have full control of property.
Even, either husband or wife may terminate the signed postnuptial agreement at any time before divorce. Or within one year After Divorce! But, in some cases, it makes sense to make a postnuptial agreement.
If you have any questions in regard to Family law. Feel free to contact us. We give you professional and compassionate advice for your family.
By: Ake & Associates