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PRAIR THE LAWYERCHAROENPHON PETCHWIJIT LAW OFFICE

Family Law

A couple choosing to stay married: recording an agreement after infidelity

The client wanted to stay married. We recorded the admitted facts, the terms for reconciliation and the consequences of breach in a signed agreement.

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What happened

The client sought advice after a spouse's infidelity. Despite the difficulties in the relationship, the client wanted to remain married rather than begin divorce proceedings. They wanted the admitted conduct and the conditions for continuing the marriage recorded clearly.

What we did

We discussed the client's goals and the possibility of a conditional marital agreement, referred to in the notes as a fidelity agreement or สัญญาทัณฑ์บน. We drafted terms recording the spouse's acknowledgement of past infidelity, future commitments and consequences of a breach.

Both spouses signed the agreement, with the lawyer acting as a witness. The document also recorded that, if its terms were breached, it could be presented to the court with the facts already admitted in it, rather than asking the client to establish those admitted facts again.

The outcome in this case

The couple executed the agreement and continued their marriage with the terms in writing. The result was a documented arrangement for reconciliation; this account does not describe a later court case enforcing it.

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