prenuptial agreement for marriage outside canada

hi,

i posted a similar question in the wills & trusts section with no response, so i thought i might try & post a quick question here.

i am marrying my girlfriend of 2 years in thailand in september where i will live with her for upto a year waiting for her permanent residency.

however i always like to cover my bases & would like a prenup before we marry. she has land of her own, which thai law will protect for her in the event things ever do ever go sour. i would just like to protect my assets in such a turn of events.

i have talked to several local family lawyers that can't seem to help. i am considering online agreement options (lawdeopt.com, etc) & was wondering what is the general opinion of such contracts drawn up online?

i would of course need to get any contracts translated to thai & i would encourage the girlfriend to go to a thai lawyer with me so they could explain the contract in detail, where she can ask any questions she might/will have before signing.

i have already got a thai translation service lined-up, so now i just need a prenup.

any opinions or advice would be appreciated.

You need to make sure that Thai law will allow it if you are going to be married and residing there. Also what restrictions may exist. You can choose other law but it has to be reasonably related to your work, residence, etc.

Be careful doing that all online unless lawyers from your country and Thailand are involved.

i really appreciate the reply. however i don't understand much of the first couple of sentences.

You need to make sure that Thai law will allow it if you are going to be married and residing there.

do you mean if thai law will allow me to reside in thailand for a year with my wife?

if so that is a no-brainer. i have lived in thailand previously for an 18 month period & it will be no problem, actually easier to do so married to a thai.

Also what restrictions may exist.

again sorry, restrictions with regards to living in thailand?

if so i already understand alot of the restrictions for foriegners living in thailand which includes not allowed to ever own land, which is exactly why my girlfriend's land will always be protected in the event things don't work out for us!oddly enough in thailand my assests within thailand (as i understand it) will also be protected from my girlfriend if things go sideways (as in, in my favour) without an actual pruptial agreement, however having a prenup just confirms everything.

You can choose other law but it has to be reasonably related to your work, residence, etc.

sorry, but really lost on this sentence. if you could clarify i would really appreciate it.

cheers

I think the poster meant is it legal to have a prenup in Thailand. That is the first question but should be clearly answerable there with any local family law office.

Hopefully a Thai lawyer will also input here.

I think the poster meant is it legal to have a prenup in Thailand.

actually yes, thailand does recognise prenups. this is actually one area where they are actually more efficient & ahead of the game compared to us.

you don't actually need a prenup in thailand (although recommended for foriegner marrying local) as their laws kind of have built-in protection in the event of divorce.

my girlfriend has land in thailand that no matter what the circumstances being i could never get a piece of (if you know what i mean). i am not 100% certain (which is why the prenup is recommended for non-thai) but i actually think any pocessions i have that i can prove pre-marital she can't get her hands on in the event of a divorce. they will be mine as they were before the marriage.

the prenup i am interested is more to protect me here in canada in the event of worst case scenario down the road (divorce). but i would really like the prenup to cover me both here in canada as well as thailand if possible. if not i am not so worried about thailand as i don't own anything there i am not willing to walk away from in any event.

i look forward to any further opinion, advice or ideas.

You may want to email world law on the home page. I am sure they could arrange a prenup for you that is binding in both countries.