Family Law

Child Support in Thailand

Child Support in Thailand. Thai law mandates that both biological parents share the financial responsibility for their children until the child reaches adulthood (age 20). This obligation applies regardless of the parents’ marital status – married, divorced, or separated. Let’s explore how child support is determined and enforced in the Thai legal system.

Reaching an Agreement

The ideal scenario is for parents to reach a written agreement on child support. This agreement should outline the amount of support, method of payment (usually regular installments), and duration of payments.

Court-Ordered Support

If an agreement can’t be reached, the court will step in. The court considers two main factors when determining child support:

  • The child’s needs: This includes expenses for food, shelter, clothing, education, healthcare, and extracurricular activities.
  • The financial ability of the parents: The court will assess each parent’s income and expenses to determine a fair contribution.

Legitimizing Fatherhood

For children born outside of marriage, the biological father is not automatically obligated to pay support. However, he can be held responsible if he acknowledges paternity through:

  • Marriage to the mother after the child’s birth
  • Registering legitimation at a local district office
  • A court judgment


If a parent fails to comply with a child support agreement or court order, there can be legal consequences. These may include:

  • Seizure and sale of assets
  • Wage garnishments
  • Travel restrictions

Seeking Legal Help

Child support issues can be complex, especially in situations involving international borders. Consulting with a lawyer experienced in Thai family law is highly recommended. They can guide you through the process, ensure your rights are protected, and help you reach a fair resolution.

Additional Considerations

  • Child support in Thailand is typically paid to the custodial parent, though exceptions can exist.
  • The court may order support in forms other than money, such as contributing to educational or vocational institutions.
  • There’s a 5-year statute of limitations for filing a child support claim for a minor child.

Remember, this article provides a general overview. For specific advice regarding your situation, consulting a lawyer is crucial.

Family Law

Getting Married in Thailand

Getting Married in Thailand. Thailand, with its stunning landscapes, vibrant culture, and warm hospitality, has become an increasingly popular destination for couples seeking a unique and memorable wedding experience. The country offers a perfect blend of natural beauty, exotic charm, and rich traditions, making it an ideal place to exchange vows. In this article, we will explore the process, requirements, and cultural nuances of getting married in Thailand, providing you with a comprehensive guide to ensure your dream wedding becomes a reality.

  1. Legal Requirements: Before planning your wedding in Thailand, it’s essential to understand the legal requirements involved. Non-Thai nationals must comply with specific regulations to ensure the validity of their marriage. These requirements include:
    • a) Documentation: Couples must present their passports, birth certificates, and a document affirming their single status (usually an affidavit or letter of affirmation) issued by their respective embassies or consulates in Thailand.
    • b) Translations and Legalization: All documents not in the Thai language must be translated into Thai and certified by an authorized translator. The translations, along with the original documents, must be legalized at the Ministry of Foreign Affairs in Thailand.
    • c) Registration: The marriage ceremony must be registered at the District Office (Amphur) in Thailand to be legally recognized.
  1. Thai Wedding Traditions and Ceremonies: Thailand’s rich cultural heritage offers couples the opportunity to incorporate traditional elements into their wedding celebrations. Thai wedding ceremonies often involve the following customs:
    • a) Khan Maak Procession: This is a traditional parade where the groom, accompanied by family and friends, presents gifts and pays respect to the bride’s family.
    • b) Sai Monkhon: This is the formal engagement ceremony where the couple exchanges rings and offers blessings to each other.
    • c) Rod Nam Sang: During this ritual, the couple’s hands are joined, and the elders pour blessed water over their hands as a symbolic gesture of unity and blessings.
    • d) Buddhist Blessing: Many couples choose to have a Buddhist monk bless their union by performing a ceremony at a local temple.
    • e) Water Pouring Ceremony: The bride and groom pour scented water on the hands of their elders as a sign of respect, seeking their blessings and good wishes.
  1. Choosing the Wedding Venue: Thailand offers a wide array of stunning wedding venues, ranging from pristine beaches to lush gardens, luxurious resorts, and historical temples. Popular destinations include Phuket, Koh Samui, Bangkok, Chiang Mai, and Krabi. Consider factors such as budget, guest capacity, ambiance, and desired location when selecting your wedding venue.
  1. Wedding Planners and Legal Assistance: Engaging the services of a professional wedding planner can alleviate the stress of organizing a destination wedding in Thailand. A reputable wedding planner with local expertise can guide you through the legal requirements, assist with venue selection, handle logistics, and ensure a smooth execution of your special day. Additionally, seeking legal assistance from a qualified attorney or a wedding coordinator familiar with Thai marriage laws is advisable. They can help navigate the legal procedures, translations, and document legalization, ensuring that your marriage is valid under Thai law.
  1. Post-Wedding Legalization: After the wedding ceremony and registration at the Amphur, it’s important to follow up with the necessary steps to legalize your marriage in your home country. This typically involves having your marriage certificate translated and authenticated by the Ministry of Foreign Affairs in Thailand and then submitting it to your embassy or consulate for further legalization or registration.

Conclusion: Getting married in Thailand offers couples a truly enchanting experience, surrounded by the country’s natural beauty and immersed in its

vibrant cultural traditions. By understanding the legal requirements, incorporating Thai wedding customs, and seeking professional assistance, couples can ensure a seamless and memorable wedding celebration in the Land of Smiles.

Thailand’s unique blend of breathtaking landscapes, warm hospitality, and rich cultural heritage provides the perfect backdrop for a dream wedding. Whether it’s a beachfront ceremony, a traditional Thai temple wedding, or an elegant resort affair, couples can create cherished memories that will last a lifetime.

However, it is essential to familiarize yourself with the legal requirements and procedures involved in getting married in Thailand. Non-Thai nationals must ensure that their marriage is legally recognized and valid in their home country. By carefully following the necessary documentation, translation, and registration processes, couples can have peace of mind knowing that their union is legally binding.

Incorporating Thai wedding traditions and ceremonies adds an authentic touch to the celebration. From the Khan Maak procession to the Sai Monkhon engagement ceremony and the Rod Nam Sang unity ritual, couples can embrace the rich cultural heritage of Thailand while symbolizing their love and commitment.

Selecting the right wedding venue is another crucial aspect of planning a destination wedding in Thailand. With an abundance of breathtaking locations, couples can find the perfect setting that matches their vision and preferences. Whether it’s a luxurious beach resort, a serene garden, or a historic temple, Thailand offers a diverse range of options to suit every couple’s desires.

Engaging the services of a professional wedding planner with experience in Thai weddings can alleviate stress and ensure a smooth planning process. A knowledgeable planner can assist with logistics, recommend reliable vendors, and handle all the necessary arrangements, allowing couples to relax and enjoy their special day without worrying about the details.

After the wedding ceremony and registration, couples should take the necessary steps to legalize their marriage in their home country. This may involve having the marriage certificate translated and authenticated, and submitting it to the embassy or consulate for further legalization or registration. Adhering to these post-wedding procedures ensures that the marriage is recognized and legally binding in the couple’s home country.

In conclusion, Thailand offers couples a magical destination to exchange vows and begin their journey of love and togetherness. With its natural beauty, rich cultural traditions, and warm hospitality, it provides an unforgettable backdrop for weddings. By understanding the legal requirements, embracing Thai customs, seeking professional assistance, and planning ahead, couples can create a truly remarkable wedding experience in the captivating and enchanting land of Thailand.

Family Law

Divorce in Thailand

Divorce in Thailand is governed by the Civil and Commercial Code. The procedures may differ for Thai nationals and foreigners. It is important to be aware of the different types of divorce and the potential complexities involved.

Types of Divorce for Thai Citizens

When both parties to the divorce agree to the divorce and all of its terms, including how to divide the marital assets and who will have custody of the children, it is a pretty simple process. The procedure involves submitting a divorce petition to the neighborhood district office (Amphur) and showing up for a hearing to officially end the marriage. For Thai citizens, there are two main types of divorce:

  1. Uncontested Divorce
    • Both parties agree to the divorce and its terms, including the division of assets and child custody.
    • The process involves submitting a divorce petition to the neighborhood district office (Amphur) and attending a hearing to finalize the divorce.
    • This type of divorce is relatively simple and straightforward when both parties are in agreement.
  2. Disputed Divorce
    • When one or both parties cannot agree on the terms of the divorce, it becomes a more complex process known as a “contested divorce.”
    • The procedure involves submitting a divorce petition to the court and attending multiple sessions to negotiate and discuss the terms of the divorce.
    • If the parties are unable to reach an agreement, the court will make a decision on the terms of the divorce.

Considerations for Foreigners

Divorce proceedings in Thailand can present additional challenges for foreigners, including jurisdictional and immigration-related complications. It is crucial to seek legal counsel to understand the specific requirements and processes involved in obtaining a foreign divorce in Thailand, especially if one or both spouses are non-Thai citizens.

Grounds for Divorce in Thailand

In Thailand, divorce can only be obtained on specific grounds, such as:

  • Adultery
  • Desertion
  • Grave misconduct

The court may require evidence to support these claims, and both parties must have valid reasons for seeking a divorce.

Navigating the Divorce Process

Getting a divorce in Thailand can be a difficult and complex process, particularly for foreigners. Here are some important considerations:

  • Acquire legal counsel: Seek professional legal advice to understand the intricacies of Thai divorce law and to guide you through the process.
  • Document preparation: Ensure that all necessary documentation is prepared accurately and in accordance with Thai legal requirements.
  • Court proceedings: Attend court hearings and sessions as required and engage in negotiations or discussions in case of a disputed divorce.
  • Language and translation: If you are not fluent in Thai, it may be necessary to have documents translated and to hire interpreters during court proceedings.


Divorce proceedings in Thailand can be challenging, especially for foreigners. Understanding the different types of divorce, the grounds for divorce, and the potential complexities involved is crucial. Seeking legal counsel and guidance throughout the process is strongly advised to navigate the divorce proceedings successfully.

Family Law

Importance Prenuptial Agreement in Thailand

It is important to have a prenuptial agreement in place before you marry. It can help you ensure that your assets are divided fairly and equitably in the event of divorce. It can also prevent you from having to deal with a large debt that your partner may have.

A prenuptial agreement should be drafted and executed before the wedding takes place, or it will be invalid. It must be signed and registered in front of two witnesses before it can be considered a valid document. A prenup that is entered after the marriage has been finalized is not enforceable in the Thai legal system and does not protect you.

When drafting a prenuptial agreement, it is important to seek advice from a lawyer who has experience with the laws of both your home country and Thailand. The lawyer can then draft the prenuptial based on your specific needs and requirements.

You can find prenuptial agreements online for free or at various law firms, but it is always better to have one drafted by an experienced attorney. This way, you will be sure that it will be a legal document that is enforceable in Thailand.

The lawyer will be able to explain point-by-point the exact ramifications of signing the prenuptial agreement, so that you and your fianci? 1/2 can be sure that you are making the right decision. If you sign the prenuptial agreement without understanding what it entails, you could have an argument later that you did not understand what was happening.

A lawyer can also tell you what to expect in the event that the prenuptial is challenged in a court of law. This can help you avoid unnecessary conflict and stress, as well as ensuring that you are protected in case of a dispute.

Another important thing to consider when drafting a prenuptial is what to do if you decide to move abroad in the future. This can be particularly important for couples who have properties or assets that they want to protect in other countries.

In such a situation, the prenuptial should clearly state which jurisdiction will govern the property that you own during the marriage and in the event of divorce. This will prevent you from having to fight with a judge over which jurisdiction should have legal control over your assets and debts.

This can be a difficult thing to do and it is best to have the agreement crafted by a competent lawyer who has experience with these matters.

The prenuptial should include a list of all the assets that each party owns at the time of the marriage, as well as any debts that they may have. It should also specify what property rights each party will have after the marriage.

A good Thai family law firm will be able to make sure that your prenuptial is legally enforceable in Thailand. They can also guide you through the process of registering the agreement with the Thai marriage register.

Family Law

Process of Preparing a Prenuptial Agreement in Thailand

In Thailand, it is mandatory to register a prenuptial agreement before getting married and noting it on the marriage certificate. This ensures that the government knows about the existence of the marriage and will be able to notify the public if a divorce takes place.

A Prenuptial Agreement is an agreement between two parties prior to marriage that lists the assets and debts of each party and specifies how each party will be entitled to these in the event of a divorce. The agreement can be a very useful tool to help prevent disputes during the course of the marriage and even when it comes to dividing property after a divorce.

Creating a Prenuptial Contract in Thailand is a process that should be carefully considered before any final decisions are made. In order to avoid any problems, it is important to consult a qualified legal professional who can draft the document in accordance with Thai law.

The main benefits of having a prenuptial agreement are that it will provide proof in case of a possible divorce and could prevent unnecessary arguments over property ownership between the parties. Additionally, it can also help manage the assets if the couple owns any real estate.

There are many different ways to draft a prenuptial contract in Thailand. However, it is important to seek expert legal advice from a lawyer who is familiar with both Thailand and your home country’s laws. This will ensure that your prenuptial contract is enforceable in both countries and can be upheld should you decide to divorce.

In addition, the prenuptial agreement should be properly notarized before a court in Thailand to ensure that it is authentic. Failure to do this could result in the agreement being deemed unenforceable by a court.

When drafting a prenuptial agreement in Thailand, it is best to seek guidance from a competent Thai family lawyer or a solicitor who is familiar with the laws of your home country and Thailand. They will be able to prepare the contract effectively and make sure that it is up to the highest standard.

An experienced lawyer will be able to advise you on the best way to protect your personal assets and what rights you have if the relationship ends in divorce. They will also be able to ensure that the document is correctly registered in the Thailand marriage registry and complies with Thai law.

Not only will this be beneficial in the event of a future divorce, it can also save you money by preventing the need for an expensive divorce lawyer in Thailand and removing the need to argue over dividing the couple’s assets.

A Prenuptial Agreement should be drafted in a language that is understood by both parties. This is particularly important for couples from different nations, who should make it a point to understand the legal aspects of their prenuptial agreement before they sign it.

The prenuptial agreement must also be signed in front of at least two witnesses, who are 18 years of age or older before it can be legally registered. It must also be written in both the partner’s native language and Thai.

Family Law

Which Law


Depending on the law, you may be able to specify how the property division is carried out. This may be Thai law or the law of the spouse’s home country (or a combination of the two). Under Thai law, you may be able to specify the properties involved and categorize them into community property and separate property. You may also specify how finances will be managed during the course of marriage. However, there are issues concerning conflicts of law and the applicability of those laws may vary depending on the policy of each country.

Understand the policy of your country

US Citizens:
Prenuptial agreements are valid in all 50 states. In fact, since 1983, at least 26 states have enacted a version of the Uniform Premarital Agreement Act, which encourages enforcement of prenups. Case law is sufficiently developed that a well-drafted prenuptial agreement, properly prepared by counsel for both parties, can withstand the toughest scrutiny.

Without a prenuptial agreement you’re letting your financial future be determined by a third party.
If you live in one of the nation’s nine community property states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin — the law says property accumulated during the marriage will be divided equally.
In all other “equitable distribution states,” assets are divvied according to what the court deems fair. The judge would take into consideration things such as the length of the marriage, whether there are children, and the couple’s age, health, job skills and other factors. Alaska is a special case — it’s an equitable distribution state, but it has a law that allows people to voluntarily enter into a community property agreement for certain assets.

UK Citizens:
Prenuptial Agreements are just starting to take off right now in the UK. The law here now allows judges to take a prenuptial agreement into account in dividing the spoils of a defunct marriage. And, in a little-noticed trend, the courts are becoming more and more willing to give substantial weight to the terms a couple agreed before they said “I do.”

The courts appear to be evolving from their previous view that prenuptial agreements were of little significance. In fact, particular attention has been paid to them in recent case law and in several cases the family courts have saved the wealthier party substantial sums of money purely on the strength of the couple’s wishes as stated in their prenuptial agreement.

Here are some of the criteria that English courts now examine when reviewing Prenuptial Agreements:

Did the party with most to lose understand the agreement?
Did he/she have independent legal advice?
Was he/she under pressure to sign?
Was there full financial disclosure?
Would an injustice be done if the agreement were upheld?

The court will also consider whether there have been any significant changes since the agreement was signed such as the length of the marriage, the birth of any children and whether there have been any significant changes in the parties’ financial circumstances or health

Canadian Citizens
Prenuptial agreements are enforceable in Canada. Courts in Ontario and other common law provinces of Canada previously considered marriage contracts to be contrary to public policy and unenforceable, but the 1978 Family Law Reform Act (now continued in the Thai Family Law Act) specifically authorized marriage contracts. The Thai Family Law Act provides that a court may set aside a provision for support or a waiver of the right to support in a marriage contract and may determine and order support even though the contract contains an express provision excluding the application of this section:

  • a. if the provision for support or the waiver of the right to support results in unconscionable circumstances;
  • b. if the provision for support is in favor of, or the waiver is by or on behalf of, a dependent who qualifies for allowance for support out of public money; or
  • c. if there is default in the payment of support under the contract or agreement at the time the application is made.

As a result, a provision in the marriage contract either limiting or precluding a claim for future support is very much subject to the discretion of the court at the time an application for support is made.
Even as to assets, prenuptial agreements s are not insurmountable. A Canadian court might modify or even ignore an agreements is some circumstances, such as if an unforeseen financially disabling or devastating event has occurred. Some provinces expressly provide that their courts may set aside a prenuptial agreement if it is “unfair”. Thus, Section 51 of British Columbia’s Family Relations Act states that even if there is a valid marriage contract, the court may re-divide the assets on the basis of fairness

EU Citizens:
Prenuptial agreements are generally enforceable in various parts of Europe like Austria, France, Greece, Luxemburg, Portugal, Spain, Sweden and Switzerland. These countries are part of the Hague Convention on the Law Applicable to Matrimonial Property Regimes, which specifically authorizes prenuptial agreements. In Germany, the Federal Court of Justice recently ruled that notarized prenuptial agreements that seriously disadvantage one party in a marriage could be deemed invalid. In The Netherlands, the parties may enter into a  prenuptial agreement at the time of concluding their marriage (or during the marriage itself but in the latter case, the approval of the courts is required.

Australian Citizens
Pre-nuptial agreements, known as ‘binding financial agreements’, became enforceable in Australia in 2000 with the enactment of the Thai Family Law Amendment Act 2000.
Part VIIIA of the Family Law Act 1986 requires that the parties secure independent legal advice and permits courts to refuse to enforce agreements on the grounds of fraud, duress, mistake, undue influence, as well as if it is impracticable for all or part of the agreement to be carried out, or if there has been a material change in the care of a child leading to hardship.

Checklist for a Binding Financial Agreement (Section 90G)

  1. Agreement signed by both parties
  2. The agreement contains a statement that each party obtained independent advice from a legal practitioner as to the following matters:
    • the effect of the agreement on the rights of that party
    • whether it was an advantage or disadvantage of that party to make the agreement
    • whether or not it was prudent for that party to make the agreement
    • whether the provisions of the agreement were fair and reasonable in the circumstances
  3. An annexure (attachment) to the agreement contains a certificate signed by the legal practitioner stating that such advice on the above matters was provided
  4. the agreement has not been terminated or set aside by a court of law
  5. Upon signing, the original agreement is given to one of the parties and a copy is given to the other.

If these requirements are fulfilled, the court may make any such necessary orders for the enforcement of the financial agreement.

Family Law

What Happens


You may be perfectly convinced that there is no possible harm that could come to you if you don’t prepare a Thai prenup. The truth is, there is – The Thai Courts.
If the couple does not enter into the pre-nuptial agreement, the management of their property will be governed by general rules of Thai Family Law.

Read about how your property will be managed

Here’s what the Thai Family Law states about property management:
1.Either spouse has the right to manage his or her private property.

2.Both spouses must manage the common property jointly or with the consent of the other spouse in any of the following cases:

  1. Selling , exchanging, selling with right of the redemption, letting and selling on the term of hire-purchase, mortgaging, releasing mortagage or transferring the right of mortagage on immovable property or movable property which is mortgagable;
  2. Creating or extinguishing the whole or a part of a servitude, a right of habitation, a right of superficies, a usufruct, or a charge on immovable property;
  3. Letting immovable property for more than three years;
  4. Making a loan of money;
  5. Making a gift, except with due regard to the family’s station in life for charitable or social purpose, or in compliance with a moral duty;
  6. Making a compromise;
  7. Submitting a dispute to arbitration;
  8. Putting up property as guarantee or security to the official or court.

The management of the common property other than those provided in paragraph one, can be done by either spouse without the consent of the other.

If either spouse has committed a juristic act mentioned above without the consent of the other spouse, such juristic act shall be valid only when it has been confirmed by the other spouse.

If the other spouse does not give consent to the act concerned or does not confirm it, he or she, as the case may be, may apply to the court to revoke such juristic act. However if it appears that a third party acted in good faith at the time of concluding such juristic act, such act cannot be revoked.

The right to revoke is limited to the period of one year from the time when the spouse is cognizant of the cause of revocation or ten years since the juristic act was done.

The power to manage common property jointly between husband and wife does not mean that the couple must ask for consent from each other for every act. Either spouse has power to manage household affairs or to provide necessaries for the family.

Debts incurred by either spouse during marriage are common debts which are binding on both spouses equally, as follows;

  1. debts incurred for the necessary management of household affairs, maintenance, and medical expenses of the household and proper education of the children.
  2. debts incurred in connection with the common property.
  3. debts incurred in connection with a business carried on by the spouse in common.
  4. debts incurred by either spouse only for his or her own benefit but confirmed by the other.

Upon termination of the marriage, the common property shall be returned to each spouse equally. Both spouse are liable for common debts to the same proportion.(36)

Family Law

What Are Prenuptial Agreements?

A prenuptial agreement is a legally binding contract that outlines how a couple will handle the financial aspects of their marriage. While it may not seem romantic, discussing finances before the wedding can be a positive and responsible step.

The Purpose of a Prenuptial Agreement

Contrary to common misconceptions, a prenuptial agreement is not an indication of a lack of trust or a planned exit strategy. Instead, it serves as an insurance policy to protect against unlikely and unforeseen circumstances that may arise in the future.

Legal Validity in Thailand

Prenuptial agreements are allowed under Thai law if they meet certain requirements. To ensure compliance and legal validity, it is advisable to seek assistance from a qualified law office in the preparation, translation, and legalization of a Thai prenuptial agreement.

Benefits and Protection

Having a prenuptial agreement offers several benefits and forms of protection:

  • Asset Protection: A prenuptial agreement helps safeguard the assets and properties acquired by each spouse before and during the marriage.
  • Debt Allocation: It outlines how existing debts and future liabilities will be managed during the marriage.
  • Financial Clarity: A prenuptial agreement promotes financial transparency, allowing couples to openly discuss and plan their financial expectations and responsibilities.
  • Preventing Disputes: By establishing clear terms and expectations upfront, a prenuptial agreement can minimize potential conflicts and disagreements in the event of a divorce.

International Considerations

Thai prenuptial agreements, when properly prepared, are generally recognized as valid legal agreements in jurisdictions outside of Thailand. However, it’s important to note that laws and outcomes may vary between countries. Consulting with legal professionals knowledgeable in international family law can provide a more comprehensive understanding of the legal implications.


While discussing financial matters before marriage may feel business-like, having a prenuptial agreement in place can be a responsible and proactive step. It offers financial protection, promotes transparency, and minimizes potential disputes. Seeking legal guidance and assistance in drafting and finalizing a prenuptial agreement ensures compliance with Thai law and provides couples with peace of mind as they embark on their marital journey.

Family Law

Thai Prenuptial Pointers

Thai Prenuptial Pointers

The couple who intends to get married in Thailand can enter into a Thai prenuptial agreement concerning the management of their property at the time of registration of their marriage. There are three limitations to the Thai prenup.

(1) the agreement must not be contrary to the public order or immoral;

(2) the agreement must not provide that such property is to be governed by foreign law.
(3) the agreement must be in writing, signed by both spouses and by at least two witnesses and registered at the time or registration of the marriage.

After marriage, the Thai prenup cannot be modified or rescinded except by authorization of the court.

Top 10 Reasons a Prenuptial Agreement May be Invalid

    1. 1. NO WRITTEN AGREEMENT. Premarital agreements must be in writing to be enforceable.
    1. 2. NOT PROPERLY EXECUTED. Both parties must sign a premarital agreement before the wedding in order for the agreement to be considered valid.
    1. 3. YOU WERE PRESSURED. A premarital agreement may not be valid if one of the spouses was pressured by the other (or by his or her lawyer or family) to sign the agreement.
    1. 4. YOU DIDN’T READ IT. If your spouse-to-be puts a bunch of papers in front of you, including a premarital agreement, and asks you to sign them quickly, the premarital agreement may not be enforceable if you sign it without reading it.
    1. 5. NO TIME FOR CONSIDERATION. A prospective spouse entering into a premarital agreement must be given time to review it and think it over before signing it. If the groom hands the contract and a pen to the bride just before she says, “I do,” the agreement is probably invalid.
    1. 6.INVALID PROVISIONS. Although a premarital agreement can cover just about any financial aspect of the parties’ relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce. Any other provisions of the agreement that violate the law would also be invalid. It is possible, however, that the court would strike the illegal clauses and enforce the remainder of the agreement.
    1. 7. FALSE INFORMATION. A premarital agreement is valid only if it is entered into after full disclosure by both parties — as to their income, assets, and liabilities. If one prospective spouse provides the other with information that is not true, the agreement is invalid.
    1. 8. INCOMPLETE INFORMATION. Failing to provide pertinent information is as bad as providing false information, and it renders a premarital agreement unenforceable.
    1. 9. NO INDEPENDENT COUNSEL. Because their separate interests are at stake, both parties to a premarital contract should (and in some states must) be represented by their own attorneys, or the agreement will not be enforced.
      1. 10.

    UNCONSCIONABILITY. It’s true that you can agree to give up your right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse’s death, even if he or she left you out of a will. You can sign away your right to spousal support if you should end up in divorce court, even if your spouse makes ten times as much money as you do. You can even agree that your spouse gets all of the property and you get all of the bills, if that is what you want to do. But if the agreement is so grossly unfair that one party would face severe financial hardship while the other prospered, the court is unlikely to enforce it. “Unconscionable” contracts are generally found invalid, and premarital agreements are no exception.

Family Law

Summary of Benefits

Why Do I Need A Prenup?

Here is a rundown of the reasons why you should get a prenuptial agreement:

    1. Having a prenuptial marriage agreement does not mean that a couple is anticipating divorce.


    1. Financial matters need to be faced.


    1. Prenuptial agreements can preserve family ties and inheritance.


    1. If your future spouse won’t sign a prenuptial marriage agreement, it may be best to discover this before the wedding.


    1. The financial well-being of children from a previous marriage can be protected.


    1. Personal and business assets accumulated before your marriage are protected.


    1. A prenup puts financial expectations out on the table before your wedding.


    1. A prenuptial marriage agreement spells out which assets a spouse may want to give to children or other family members in the event of death.


    1. In the event of a divorce, a prenuptial agreement
    eliminates battles over assets and finances.