# Marriage agreement



## Ineak (Dec 13, 2009)

Maybe somebody can give a advice about Thai marriage agreement ?
If I make agreement when I written roughly following:
all property who will buy after marriage and writting to the wife or my name, all belongs to me and I can doing everything but wife nothing can do with that property. 
This kind of agreement will be legaly ?


----------



## gino (Jul 20, 2009)

*Hell hath no fury*

Dude, 

I hate to burst your bubble, but that isn’t even English. 

You’re asking about prenuptial agreements. I would advise hiring an attorney. The existence of an agreement could discourage your wife from pursuing claims, but "Heaven has no rage like love to hatred turned / Nor hell a fury like a woman scorned."

I can see a couple of problems with the text you present. 
1. You make no distinction between real and personal property, so it is vague.
2. It’s written in English, so your fiancée could claim she didn’t understand it or was deceived as to its true nature.
3. Generally, for a contract to be valid, there must be consideration. That means you have to sacrifice something of value and she needs to receive something of value as inducement to enter into the contract. 
4. Contracts need to be legal. If Thai law limits, restricts or otherwise regulates prenuptial agreements, the agreement must be framed within those limits. 
5. This may have particular relevance with respect to real property in Thailand. If you are not a Thai citizen, I understand you cannot own property. Since the phrasing would seem to contemplate transferring any real property to you on dissolution of the marriage, it could be held to be illegal and therefore not binding.
6. The agreement must be free from coercion. She can claim you held a superior bargaining position and in effect coerced her into signing. 
7. I assume you are both old enough to enter into contracts.
8. The agreement says nothing about custody or child support for any children you may have or adopt or any children from any previous marriages. 
9. I assume you’re considering a real marriage and not some contrivance to obtain citizenship. 

You also need to be practical. If you come home to find she’s packed up all the furniture and shipped it to some relative and moved to Laos, exactly what do you plan to do? 

My advice, especially if you plan to have children, unless you have some huge investment portfolio, would be to let her have it all: the house, the furniture, the cars, jewelry, custody of the children, any pets, artwork, thoroughbred horses, whatever. She’ll get it anyway, so why fight and leave a bitter taste? Besides, you want the kids to be comfortable and secure. 

Ask yourself: If you met the girl of your dreams and she asked you to sign a document like this, how would you feel?

But get competent local legal advice. My comments are based on dimly recalled classes in business law. I have no knowledge of Thai law, except that you probably don’t want to break it. 

Gino


----------



## Ineak (Dec 13, 2009)

Thanks for your kind answer.
If I take girl I don't take she for gifting all or half my money but want to give she exactly what I want to give and this is a one reason why ask about prenuptial agreement and another reason is a own a property, who is a writting to the Thai wife, but can doing somthing with that property only me, without my sign can't sell or doing somthing else and when I want I can sell somebody and get money by self !
This is a reason why I was asking about prenuptial agreement.


----------



## Acid_Crow (May 11, 2009)

"Don't spend more than you are willing to lose", comes into mind.

I'm not sure if I understand you correctly, but it seems to me that you have some kind of property in Thailand that is written in someone elses name than yours. If that is the case, you legally have no claim to the property. Altogh I've heard about cases were the husband have proved that the property was bought by his money, ie money transfer records etc, the husband have luckily been entitled to _half_ the value of the property.

A prenuptial agreement, as far as I know, protects the assets you had _before_ getting married. All other assets, properties etc, will be divided 50/50.

Legally there isn't any other way. Getting married without sharing anything will be considered a fake marriage, and isn't allowed.


----------



## gino (Jul 20, 2009)

*Why?*

I am also confused. You might seek help in translation if you want more meaningful replies. 

I am hardly a poster child for some “Love Wisely” advertising campaign, but I’m having a bit of trouble sympathizing with your situation. It seems you aren’t yet married, but you’re already contemplating divorce as a likely outcome and it seems you’re more concerned with your property than with your wife. 

The frustrated advice columnist buried somewhere in my innermost psyche wonders if this is destined to be a marriage made in heaven. Is the girl pregnant? You don’t seem to be madly in love, so I wonder why you are contemplating marriage.


----------

