Where to make the prenuptial agreement?

Hi, I'm a German national marrying here in Thailand to a Thai national. To protect my assets, do I make a prenup here in Thailand, or do I make the prenuptial when I register my marriage back in Germany? Thanks
Asked 6 years ago

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Marriages with international aspects is a sort of simple... and not

If you do not have a prenuptial and you are both of different nationalities, with assets in different countries, then rules of International Private Law will determine which property regime applies to those assets. The outcome is not always predictable and International Private Law is basically local law made in each country (each country has its own set rules and the outcome may be different).

If you want to protect assets in Germany you should obtain legal advice in Germany

To solve this issue in a marriage with international aspects spouses can usually designate (in a prenuptial agreement) before marriage which matrimonial property regime shall govern their marriage (accepted in some countries others not). As you are German I am pretty sure the following applies to you under the German Civil law system:

The matrimonial property regime is governed by the internal law (German or Thai) designated by the spouses before marriage. The spouses may designate only one of the following laws:

  • the law of any State of which either spouse is a national at the time of designation;
  • the law of the State in which either spouse has his habitual residence at the time of designation;
  • the law of the first State where one of the spouses establishes a new habitual residence after marriage.

Content of a prenuptial

There could be many reasons why you want to make a prenuptial, but generally a prenup must protect personal property, investments, business, keep property separate from the marriage, limit financial liabilities and financial consequences etc. during the marriage and when te marriage ends. Therefore you should determine where those interests are located and what you want to protect or prevent and then seek legal advice locally. If these interest are in Germany then obtain legal advice in Germany.

What you can arrange in a prenuptial agreement under German Civil Law is different (and may be more benificial to you) then what you can arrange in a prenuptial agreement drafted under Thai law (e.g. in Germany you may be able to exclude any form of creation of marital assets, something that is not possible in Thailand under Thai Civil Law).

Answered 6 years ago

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