Editing Prenuptial agreement (section)

===Asia===
====India====
In [[India]], prenuptial agreements are very rare and do not have any governing laws. However, with rising divorce rates, people are showing increasing interest in them. Some lawyers think that prenups don't have legal sanctity in India. However, some form of contract is signed in some cases, usually among affluent citizens. But, the agreements need to be reasonable and not violate pre-existing laws like the [[Hindu Marriage Act]]. Indian courts allow a memorandum of settlement to be signed during divorces. But, no court has yet been asked to enforce a prenup.<ref name=legallybound>{{cite news|title=Legally bound: Pre-nuptial agreements have no legal sanctity in India yet a few rich and affluent insist on signing them|url=http://www.business-standard.com/article/beyond-business/legally-bound-112072100025_1.html|access-date=5 November 2013|newspaper=[[Business Standard]]|date=21 July 2012}}</ref>

These agreements may come under the [[Indian Contract Act, 1872|Indian Contract Act of 1872]]. Section 10 of the Indian Contract Act states that agreements are to be considered contracts if they are made with the free consent of the parties.<ref name=ICA10>{{cite act|title=Indian Contract Act|article=10|number=9|date=1872}}</ref> However, Section 23 of the same act states that a contract may be void if they are immoral or against public policy.<ref name=ICA23>{{cite act|title=Indian Contract Act|article=23|number=9|date=1872}}</ref>

[[Goa]] is the only Indian state where a prenuptial is legally enforceable, as it follows the [[Portuguese Civil Code]], of 1867. A prenuptial agreement may be signed between the two parties at the time of marriage, stating the regime of ownership. If a prenuptial has not been signed, then the marital property is simply divided equally between the husband and wife.<ref name=IDoWant>{{cite news|title=I do — and I want|url=http://www.telegraphindia.com/1151125/jsp/opinion/story_54807.jsp#.VmaWcV5R2D4|archive-url=https://web.archive.org/web/20151130073931/http://www.telegraphindia.com/1151125/jsp/opinion/story_54807.jsp#.VmaWcV5R2D4|url-status=dead|archive-date=November 30, 2015|access-date=8 December 2015|work=[[The Telegraph (India)]]|date=25 November 2015}}</ref><ref name=GoaMarriage>{{cite news|title=Why marriages are made in Goa|url=http://www.dnaindia.com/mumbai/report-why-marriages-are-made-in-goa-1154015|access-date=8 December 2015|work=[[DNA India]]|date=3 March 2008}}</ref>

====Hong Kong====
Pre and post-nuptial Agreements in Hong Kong can be of “magnetic importance” in deciding the parties’ claims for ancillary relief. The leading case of SPH v SA in Hong Kong’s highest court, the Court of Final Appeal followed the earlier English Supreme Court decision of ''[[Radmacher v Granatino]]''. That was perhaps unsurprising as one of the Judges in Radmacher (Lord Collins) also sat in Hong Kong as an NPJ. (Similarly, the successful leading counsel for Frau Radmacher, Richard Todd QC was also leading counsel for Madame S. in SPH v SA).<ref name=SPHvSA>{{cite news|title=SPHvSA|url=https://vlex.hk/vid/sph-v-sa-formerly-862780873|access-date=9 June 2014|work=[[vlex]]|date=1 June 2022}}</ref>

====Thailand====
{{Unreferenced section|date=November 2024}}
The prenuptial agreement in Thailand is concluded by mutual consent of the man and woman who want to marry. Under Thai law, a prenuptial agreement is recognized by the Commercial and Civil Code of Thailand. A valid and enforceable Thai prenuptial agreement legally requires that

* The content of the prenuptial made in Thailand cannot be against the law or good morals;
* Both the prospective husband and wife must understand the content of the prenuptial;
* The prenuptial in Thailand must be made before the marriage, a contract between husband and wife concerning personal and jointly owned property made after the marriage registration (post-nuptial) is void;
* Both the future husband and wife must sign the prenuptial in the presence of at least 2 witnesses and the agreement must be entered into the Marriage Register together with the marriage.

These conditions are found in clause 1466 of the Commercial and Civil Code of Thailand.<br>Following the laws on Thai marriage, the prenuptial agreement mainly relates to assets and financial implications of marriage and establishes conditions of ownership and management of personal and concrete joint property and potential division of marital assets, if the marriage will be dissolved. The prenuptial agreement also includes a list of each side's 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.

Personal property includes:
(Mostly described at clause 1471 of the Commercial and Civil Code of Thailand):
* property owned by spouses before the marriage;
* property for personal use — work instruments, clothes, etc.;
* gifts from third parties or property received through the testament (if it is not indicated in the testament, that property should transfer to joint property of spouses);
* "khongman" — real estate transmitted to the bride which is different from a dowry, or sinsod, which is paid to the parents of the bride.
* a transfer of personal property to another property during marriage will normally remain personal property. Just be careful about real estate as in Thailand, it causes a problem and the conflict of law act explain these.

The joint property includes:
* property acquired at the time of the marriage;
* property received by one of the spouses at the time of the marriage as a gift, if in the document attached to a gift or in the document compiled by the spouse, this property was declared as joint (Marital Assets);
* income acquired from personal property as stated by clause 1474 of the Thai and Commercial Civil Code.