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Prenups in Thailand: What Happens After Marriage?

Transcript of the above video: 

As the title of this video suggests, we are discussing prenuptial agreements in Thailand. The question being posed is what happens after marriage? Well as we discussed in other videos, there are differences between whether or not you go ahead and do a prenup and have it registered here in Thailand with your marriage or whether or not you do a prenup and get married in another jurisdiction. The analysis regarding either of those two scenarios will be very different, so let's set that aside for now. I've done other videos in the past on that topic. 

What I am talking about in this video is what happens after marriage. What do we mean by what happens? Well for example, once you're married, for example a prenup may clearly delineate the marital estate or lack thereof by saying "look this remains mine, that remains yours. In the event of a dissolution, we just go our separate ways”. But what happens when cash flow, for example starts accumulating into the now marital estate? Well, there are certain provisions that can be maintained in a prenup that will speak to that and it can be set up, you can do basically estate planning in such a way that one's assets remain delineated as the marriage progresses. And in the event of dissolution, one's assets, they can take those with them, again if the prenup is drafted correctly and if it was transparent at the time that the prenup was drafted, signed, and the marriage occurred that one party, no would not necessarily be the beneficiary of ongoing accrual if you will of various assets, capital, whatever, again depending on the provisions of the document itself. 

So to sort of boil this down into the distillate here, if it's drafted in such a way that the prenup stipulates that there will be certain aspects of the marital estate or again lack thereof that will be separated where one party will continue to maintain - for example like revenues off of property or assets or something of this nature - again you can segregate that through the terms of a prenuptial agreement. That said, you need to be very careful in the drafting of such a document as the formalities need to be maintained. And meanwhile you need to determine which jurisdiction you are ultimately going to get married in as that can act as the controlling law with regard to the prenup itself and that can have its own impact and implications for the terms or how the terms of the prenup should be drafted. 

Again, those who find this stuff a bit overwhelming, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.