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#Prenuptial Agreements
thailandlawyerss · 1 month
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Prenuptial Agreements in Thailand
Prenuptial agreements, or prenups, have become increasingly common in Thailand as couples seek to protect their assets and define their financial futures. While the concept might seem foreign to some, in Thailand, it’s a legally recognized and enforceable contract that can provide significant benefits for both Thai and foreign spouses.
The Legal Framework
Thailand’s Civil and Commercial Code governs prenuptial agreements. Key provisions include:
Written Contract: The prenup must be in writing and signed by both parties in the presence of at least two witnesses.
Separate Legal Counsel: Each party is strongly advised to have independent legal counsel to ensure their rights are protected.
Pre-Marital Agreement: The agreement must be made before the marriage. Post-nuptial agreements are not recognized in Thailand.
Registration: The prenup must be registered at the same time as the marriage.
Limitations: While prenups offer flexibility, they cannot completely override statutory property rights. They can modify management of common property but cannot eliminate the statutory system.
What Can Be Included in a Prenuptial Agreement?
Asset Division: A clear delineation of each spouse’s assets and liabilities.
Property Management: How shared property will be managed during the marriage.
Spousal Support: Provisions for spousal support in case of divorce.
Child Custody and Support: While not typically included due to potential legal challenges, it’s possible to outline preferences.
Estate Planning: How assets will be distributed upon the death of one spouse.
The Importance of Clear and Comprehensive Agreements
A well-drafted prenup is essential to avoid misunderstandings and potential disputes. Key considerations include:
Full Disclosure: Both parties must fully disclose their financial situation, including assets, debts, and income.
Fairness: The agreement should be fair to both parties, considering their respective contributions to the relationship and financial standing.
Clarity: The language used should be clear and unambiguous to prevent future disputes.
Flexibility: While specific provisions are important, the agreement should also allow for flexibility in case of unforeseen circumstances.
Challenges and Considerations
Cultural Differences: For mixed-nationality couples, cultural differences in attitudes towards money and property can complicate negotiations.
Enforcement: While Thai law generally upholds prenuptial agreements, there may be challenges in enforcing certain provisions, especially related to child custody and support.
Changing Circumstances: Life circumstances can change over time, and a prenup may need to be revisited and updated.
Seeking Professional Advice
Given the complexities of Thai law and the potential implications of a prenuptial agreement, it is highly recommended to consult with an experienced Thai family law attorney. They can help ensure that the agreement is legally sound, protects your interests, and complies with all relevant laws.
https://sites.google.com/view/thailand-lawyers/family/prenuptial-agreements-in-thailand
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legallotus · 1 month
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Prenuptial Agreements: The Rise in Popularity Among Younger Generations
Explore why prenuptial agreements are becoming increasingly popular among younger generations and how they are viewed as a practical financial planning tool.
In recent years, prenuptial agreements, commonly known as prenups, have seen a significant rise in popularity, particularly among younger generations. Consequently, prenups, once viewed as taboo or a sign of distrust, are now considered a practical and often essential part of marriage planning. This shift reflects changing attitudes towards marriage, wealth, and financial planning in the United…
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lyricsolution-com · 2 months
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Hardik Pandya - Natasa Stankovic Divorce: A Look At Validity Of Prenuptial Agreements In India | Relationships News
Hardik Pandya-Natasa Stankovic Divorce: While rumours have been doing the rounds for several months, Indian cricketer Hardik Pandya and Serbian model Natasa Stankovic have now officially announced their decision to divorce. In a joint statement released on July 18, the couple said that they are mutually parting ways and wrote “We tried our best together and gave it our all, and we believe this is…
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hamblinfamilylaw · 3 months
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Considering a prenuptial agreement (prenup) before marriage can be a wise decision for many couples. While it might not seem romantic, a prenup is a practical step that can protect both parties' interests and provide clarity in the event of a divorce.
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thailandlawyers · 5 months
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Prenuptial Agreements in Thailand
Prenuptial agreements (prenups) in Thailand are contracts created before marriage outlining how each person's assets and debts will be handled during marriage and divorce.
Consider a prenup for:
Financial transparency
Asset protection
Clarity for blended families
Peace of mind
Prenups can cover:
Classification of assets (separate vs. common)
Debt management
Division of assets in divorce
Key requirements for a valid prenup:
Written and signed by both parties
Independent legal counsel for each partner
Witnessed and registered with marriage certificate
Made before marriage
Prenups cannot cover:
Child custody or support
Spousal support
Consult a Thai family law lawyer to ensure your prenup is valid and meets your needs.
Visit our website for more information: https://www.bangkokthailandlawyer.com/
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attorneysinphuket · 6 months
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Prenuptial Agreements in Thailand
Getting married in Thailand? The magic of a Thai wedding can be intoxicating, but taking some practical steps like considering a prenuptial agreement (prenup) can ensure a smoother path ahead, whatever the future may hold.
Here's a breakdown of prenuptial agreements in Thailand:
What can a prenup cover in Thailand?
Thai law allows prenups to address property rights, both during the marriage and in the event of a divorce. This can include:
A clear list of individual assets (property, investments, etc.) owned by each partner before marriage.
Specifying how future assets acquired during the marriage will be divided.
Outlining how debts will be handled.
What can't a Thai prenup cover?
Certain matters are off-limits for Thai prenups:
Child custody or support – Thai law prioritizes the child's well-being and courts will determine custody and support based on that.
Spousal support – Thai courts have discretion to award spousal support based on need.
Inheritance – Wills are separate legal documents and should be used for inheritance planning.
Key requirements for a valid prenup in Thailand:
Written and signed: The agreement must be a written document signed by both parties.
Separate legal counsel: Each spouse should have their own lawyer review the prenup to ensure fairness and understanding of its terms.
Before marriage registration: The prenup must be signed and witnessed before officially registering the marriage.
Registered with marriage: The prenup is registered alongside the marriage certificate for official recognition.
Benefits of a prenup for couples marrying in Thailand:
Financial transparency: A prenup encourages open communication about finances from the start, fostering trust and understanding.
Clarity in case of divorce: A prenup reduces uncertainty and potential conflict during a separation by outlining how assets and debts will be handled.
Protecting assets: Prevents commingling of separate assets, safeguarding them in case of divorce, especially important if one partner owns a business or has significant pre-marital wealth.
Considering a prenup for your Thai marriage?
Discuss openly: Talk openly and honestly with your partner about your financial goals and concerns.
Seek legal advice: Consult separate lawyers specializing in Thai family law to ensure the prenup is enforceable and meets your individual needs.
Review thoroughly: Take your time to understand all clauses of the prenup before signing.
A prenuptial agreement can be a valuable tool for couples planning a marriage in Thailand. By approaching the conversation openly and with legal guidance, you can lay the foundation for a secure and happy future, together or apart.
Visit our website for more information: https://www.attorneysphuket.com/prenuptial-agreements-in-thailand.htmla
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leonardomongillo · 1 year
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Leonardo Mongillo Law Provisioning for the Nuptials: Importance of a Family Law Expert in Pre-Marital Preparations
Getting married is one of the most significant decisions in a person's life. It's a joyous occasion that brings two families together. But beyond the romance and celebration, marriage is a legal contract with implications that can affect your life for years to come. Hence, it becomes crucial to understand the legal aspects of marriage. This is where the expertise of a family law expert comes into play.
As it is seen that experts like Leonardo Mongillo Law play a Critical Role of Family Law Experts in Domestic Abuse Cases, it is also seen that they hold great importance in events of a new marriage. Here’s how they contribute to a happy married life for a newly married couple:
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Understanding the Legal Aspects of Marriage: From property rights to financial responsibilities, marriage intertwines your legal status with your partner's. A family law expert can help you understand these implications and guide you to make informed decisions. They can explain how laws vary by state and how these laws may affect your rights and obligations as a married individual. Prenuptial Agreements - A Prudent Step: While the concept of a prenuptial agreement may seem unromantic, it is a prudent step in safeguarding individual interests. A family law expert can explain the benefits of a prenuptial agreement, such as protection of assets, provision for children from previous marriages, and clarity in financial responsibilities. They can help draft an agreement that is fair and enforceable, protecting both parties in the event of a divorce. Child Custody and Support: If you're planning to have children, it is important to understand the laws surrounding child custody and support. A family law expert can provide insights into child custody rights, visitation schedules, and financial obligations toward children's upbringing. Having this knowledge beforehand can help in making informed decisions and planning for the future. Conflict Resolution and Mediation: Marriage comes with its set of challenges and conflicts. A family law expert can provide guidance on conflict resolution and mediation techniques. They can help couples establish a healthy communication pattern, enabling them to resolve conflicts amicably and reduce the chances of future legal disputes. You may find it worth noting that experts like Leonardo Mongillo play The Pivotal Role of Your Family Lawyer and Their Team in Cruising Through Your Domestic Issues. While this may never be necessarily needed, you need to be sure about having the right help by your side if the time does come. The help of a family law expert can help avoid a lot of different issues at later stages in a marriage. Marriage is a wonderful journey of love, companionship, and mutual growth. While it's important to plan for the happy times, it's equally important to be prepared for the challenges. An experienced family law expert can guide you through the legal intricacies of marriage, ensuring that you embark on this journey fully informed and protected. It's not about anticipating the worst, but about securing the best possible future for both partners.
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philipgoldbergpc · 2 years
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Philip Goldberg PC is one of the most respected divorce and family lawyers in the country. With more than 25 years of experience, Mr. Goldberg has developed a reputation for being a compassionate and knowledgeable legal advocate for families dealing with difficult personal matters. His clients are often referred to him by word-of-mouth, as his dedication to their best interests is unparalleled.
Philip works closely with each client to ensure their case has been thoroughly examined from every angle before taking any steps forward in court or out of court negotiations. He also provides sound counsel throughout the process so that clients can make fully informed decisions about their futures.
We offer personalized service to all clients seeking legal advice or representation regarding the following:
Website URL: https://philipgoldbergpc.com/ Google Maps: https://goo.gl/maps/89idCUixWdnVQPs47
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gotocourt · 2 years
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Prenuptial Agreements in Australia
Prenuptial agreements should be considered by all couples who are contemplating marriage or a de facto relationship, and can be done up before or during, a marriage or de facto relationship. A prenuptial agreement is not about setting up your relationship to fail; it is about putting all the cards on the table and discussing issues that can actually strengthen the relationship and clarify any uncertainties.
Prenuptial agreements are especially useful and can be a necessity for certain situations such as:
it is your second marriage and you have assets from your first marriage that you want to keep to pass onto your children
it is a de facto relationship and one party is moving into the other party’s property
one party has much more property than the other when the relationship begins
you want to avoid any hostility or uncertainty if the relationship does fail, and keep the matter out of court, or
you want to protect a future inheritance or a family business.
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splaneroyllp · 2 years
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Splane Roy LLP - Divorce and Family Lawyers
My name is James Splane. I was born in 1992 in St. John, New Brunswick, and moved to Kapuskasing, in Northern Ontario, in 1996, and then to Timmins, in Northern Ontario, in 2001. In 2010, I graduated from Timmins High & Vocational School, having taken the French Immersion Program, and began my studies at the University of Ottawa. In 2014, I graduated from the University of Ottawa with a Bachelor of Social Sciences, Major in Political Science and Minor in Canadian Studies, French Immersion I graduated from Queen's University in June of 2017, and in August of 2017 I began my one-year employment as an articling student for the 2017-2018 term at Mendonca Law Office Professional Corporation, working mainly in Child Protection Law. I was called to the Bar as a member of the Law Society of Ontario on June 25th, 2018. The only legal work experience I have at present is from my time as an Articling Student, but I am prepared to work hard and learn what is required of me to gain experience in the field of legal work in which I find myself. In the long term, I am hoping to find work in a field in which I can help to advance the cause of social justice and promote the interests of the most vulnerable members of society. Legal areas such as Labour & Employment Law, Human Rights Law, Aboriginal Law and Environmental Law are of special interest to me. Visit us online: https://splane-roy-llp.business.site/ Go Social with us: Follow Us On Linkedin ~ https://www.linkedin.com/in/james-splane-a36568111/ Follow Us On TikTok ~ http://tiktok.com/@SplaneRoyLLP Follow Us On Instagram ~ https://www.instagram.com/SplaneRoyLLP/
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Why Pre-Marital Agreements Are Important Before Marriage
Pre-marital аgrееmеntѕ саn bе an imроrtаnt wау tо avoid соnfliсt bеfоrе mаrriаgе. Thеѕе agreements can аddrеѕѕ imроrtаnt financial iѕѕuеѕ, such аѕ рrореrtу, debts, аnd сhild сuѕtоdу. The language of thеѕе contracts must be clear аnd the раrtiеѕ must be аblе tо prove thеir соmрliаnсе with thе terms. Premarital аgrееmеntѕ аrе lеgаl dосumеntѕ thаt bоth раrtiеѕ ѕign bеfоrе thеу gеt mаrriеd.
If уоu or your ѕроuѕе has a ѕignifiсаnt fеdеrаl tаx dеbt, you mау wаnt tо соnѕidеr еntеring a рrе-mаritаl аgrееmеnt. Thiѕ will ensure thаt уоu kеер your debts and assets separate. This is еѕресiаllу imроrtаnt in states that аrе known аѕ соmmunitу рrореrtу states. In ѕuсh ѕtаtеѕ, each taxpayer iѕ рrеѕumеd tо own оnе-hаlf of thе оthеr tаxрауеr'ѕ соmmunitу рrореrtу.
Pre-marital аgrееmеntѕ mау also соvеr рrореrtу rightѕ аnd dispositions, alimony obligations, аnd rights аnd duties before marriage. Thеу mау also ѕtiрulаtе whаt hарреnѕ to сhildrеn from рrеviоuѕ rеlаtiоnѕhiрѕ. Some agreements mау also require thе creation of a truѕt оr will. In addition, рrе-mаritаl аgrееmеntѕ mау specify thе аmоunt of сhild ѕuрроrt if thе couple hаѕ children.
Thе соurtѕ typically uрhоld аnd еnfоrсе prenuptial agreements. However, ѕоmе ѕtаtеѕ have limited thе tеrmѕ of рrе-mаritаl аgrееmеntѕ. In Nоrth Dаkоtа, fоr еxаmрlе, a pre-marital аgrееmеnt mау nоt рrоtесt thе ѕроuѕе frоm having to uѕе public assistance. Further, thе соurtѕ rеtаin juriѕdiсtiоn оvеr mоdifуing thеѕе agreements if a ѕроuѕе becomes еligiblе fоr рubliс assistance.
Prе-mаritаl agreements аrе imроrtаnt fоr the рrоtесtiоn of your fаmilу during a divоrсе. They соntаin detailed рrоviѕiоnѕ fоr hоw you will ѕhаrе рrореrtу аnd assets in the еvеnt of a divоrсе. They саn also рrоtесt your аѕѕеtѕ during a рrореrtу diviѕiоn рrосееding. So if уоu'rе рlаnning a marriage, соnѕidеr a рrе-mаritаl agreement tо еnѕurе that your рrореrtу iѕ protected.
Thе IRS dоеѕ nоt always hоnоr pre-marital аgrееmеntѕ. They will еvаluаtе the contract carefully аnd will соnѕidеr thе fасtѕ ѕurrоunding thе mаrriаgе tо dеtеrminе whether it iѕ enforceable. Therefore, it'ѕ essential tо ѕееk thе advice of a tax professional bеfоrе ѕigning аnу pre-marital contract. Thе IRS will nоt respect a pre-marital аgrееmеnt if it iѕ nоt саrеfullу drаftеd аnd аdhеrеd tо.
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cogcltrcorn · 1 year
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look. I may be delusional. but I think stewy would love to marry kendall. he has very solid reasons:
- it would be funny
- tax writeoff
- legally binding document that lets stewy sleep soundly knowing he will never have to testify against kendall in court
- the secret horrible corner of stewy's heart that he will never admit to having that makes him want to have a big wedding and serve cunt in a tasteful pastel tux and eat fukcing cake and dance and make out with kendall on the dancefloor and then fuck off to greece for a month and do nothing but fuck and feed each other fruit
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A ridiculous legal battle
No cause Imagine Harry and Peter getting a divorce but it's Harry so he's trying to give Peter half his fortune. The whole divorce case is just Harry insisting that Peter takes his money meanwhile Peter is insisting that he doesn't want it.
Harry: Your honor, it is ridiculous that he is refusing to take any of my money.
Peter: Your honor we signed a prenup and we never agreed that I would ever receive any of his assets.
Harry: WHY DON'T YOU JUST TAKE MY MONEY!!!
Peter: I DON'T NEED YOUR FUCKING MONEY, I'M AM NOT A LITTLE CHARITY PROJECT!!!!!!!!
Harry: THIS IS WHY WE ARE DIVORCED!!!!!!!!!
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hamblinfamilylaw · 10 months
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Are Prenuptial Agreements A Good Idea?
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terrence-silver · 1 year
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I think Terry Silver's the type of man who puts together a prenuptial agreement, but it isn't at all what prenuptial agreements usually are, aka, him protecting his wealth and assets, even if only for formality's sake. That doesn't even cross his mind here. No. Instead, the fine print carefully researched by him and his team of lawyers for any imaginable hole in the law has beloved quite literally signing off their freedom to him, while pretending this is nothing more than routine. Routinely paperwork routinely signed. There's no need for him to protect his assets if divorce or ever leaving him is a legal impossibility enforced on paper. You belong to him in every sense now.
That is the most delightfully evil thing I've ever read.
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attorneyssphuket · 2 months
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Prenuptial Agreements in Thailand
Thailand, a land where ancient traditions intertwine with modern aspirations, offers a unique backdrop for the institution of marriage. As with many aspects of life, the concept of a prenuptial agreement, or "prenup," carries its own distinct cultural and legal nuances within this enchanting kingdom.
A Harmonious Blend of Tradition and Modernity
In a culture that traditionally emphasizes family harmony and shared prosperity, the notion of a legally binding contract before marriage might seem at odds with the romantic ideal. Yet, as Thailand increasingly embraces Western influences and the complexities of modern life, the prenuptial agreement is emerging as a practical tool for couples seeking to safeguard their futures.
The Legal Landscape: A Delicate Balance
Thai law recognizes the validity of prenuptial agreements, providing a framework for couples to define their property rights and obligations within the marital union. However, there are specific requirements and limitations:
Timing is Everything: The prenup must be executed before the marriage and registered at the same time as the marriage certificate.
Independent Legal Counsel: Both parties must have their own legal representation to ensure fairness and understanding of the agreement's implications.
Scope of Agreement: Prenups primarily focus on property rights and management during and after marriage. They cannot address issues like child custody or spousal support.
Public Order and Morality: The agreement's terms must adhere to Thai law and public morality. Clauses that are deemed unfair or exploitative may be deemed void.
Weaving a Tapestry of Protection
While the legal framework provides the foundation, the true value of a prenuptial agreement lies in its ability to reflect the couple's unique circumstances and aspirations. Consider these elements for a comprehensive and harmonious agreement:
Asset Inventory: A detailed list of each partner's assets, liabilities, and income provides a transparent starting point.
Property Rights: Clearly define how property acquired before, during, and after the marriage will be owned and managed.
Debt Allocation: Address existing and potential debts, specifying responsibility for repayment.
Estate Planning: Incorporate provisions related to wills, inheritances, and trusts to align with the couple's long-term goals.
Dispute Resolution: Consider including clauses for mediation or arbitration to address potential disagreements without resorting to lengthy legal battles.
Beyond the Contract: A Testament to Partnership
A prenuptial agreement is more than just a legal document; it's a testament to open communication, mutual respect, and a shared commitment to the future. By approaching the process with honesty, transparency, and a focus on the relationship, couples can create a prenup that strengthens their bond rather than hinders it.
In the intricate tapestry of Thai culture, the prenuptial agreement offers a thread of security and clarity amidst the complexities of modern life. With careful consideration and expert guidance, couples can weave a prenup that harmonizes with their love story, providing a solid foundation for a lasting and fulfilling marriage.
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