10 Facts About Prenuptial agreement

1.

Prenuptial agreement, antenuptial agreement, or premarital agreement, is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce.

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2.

Under Thai law, a prenuptial agreement is recognized by the Commercial and Civil Code of Thailand.

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3.

The prenuptial agreement includes a list of each side's personal assets at the time of the marriage and guarantees, that debts and property before the marriage remain in possession of the initial owner or debtor.

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4.

Radmacher holds that the courts will give effect to a nuptial Prenuptial agreement that is freely entered into by each party with a full appreciation of its implications unless, in the circumstances prevailing, it would not be fair to hold the parties to their Prenuptial agreement.

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5.

Prenuptial agreement is distinct from the historic marriage settlement which was concerned not primarily with the effects of divorce but with the establishment and maintenance of dynastic families, or a divorce settlement entered into by parties in connection with dissolving their marriage.

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6.

Whether a premarital Prenuptial agreement was signed under duress must be proven by the facts and circumstances of each case.

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7.

Prenuptial agreement is only valid if it is completed prior to marriage.

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8.

Parties must wait seven days after the premarital Prenuptial agreement is first presented for review before they sign it, but there is no requirement that this be done a certain number of days prior to the marriage.

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9.

The Prenuptial agreement can act as a contract to make a will requiring one spouse to provide for the other at death.

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10.

An Prenuptial agreement developed via mediation is typically less expensive because fewer hours are spent with attorneys because the couple has made all of the decisions together, rather than one side vs the other.

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