PRENUPTIAL agreements are recognized under Thai prenuptial laws in sections 1465 to 1469 of the Thailand Civil Code. The content of a prenuptial in Thailand can vary widely.
Thailand prenuptial agreement
The tough standard of a prenuptial agreement in Thailand is that the content may not be against the law or good morals.
Prenuptial agreement in Thailand
Prenuptial agreement in Thailand is sometimes also called an ante-nuptial or prenuptial agreement is simply abbreviated to ‘prenup’.
The prenuptial is a private contract between a couple planning to marry and must be in writing, signed in front of 2 witnesses and registered at the local government’s office where the marriage takes place in Thailand. The prenuptial agreement deals in principle only with debts and assets.
Thai law requires that the prenuptial agreement must be made prior to the marriage registration and the prenuptial must be entered together with the legal marriage in the Marriage Register. By endorsement or registration in the government’s marriage register and notation on the marriage certificate the public is put on notice of the existence of the prenuptial agreement. A prenuptial (i.e. before marriage) cannot be made after the marriage registration. A post-nuptial is not recognized in Thailand.
Under Thai marriage laws the prenup basically outlines assets of both parties brought into the marriage and management over the in section 1476 Civil and Commercial Code listed marital assets during marriage.
A prenuptial can also outline the couple’s (future husband and wife’s) wishes how to divide assets in the event the marriage is dissolved at death or divorce.
In general terms; a prenuptial in Thailand is a pre-marriage or contract in advance of the marriage relating to property or marital assets between husband and wife which relation would otherwise be governed by statutory Thai marriage laws.
The prenuptial contract can be drafted in 2 languages, and is recognized by law as long as:
- both parties understand the contract’s (prenuptial) content;
- its clauses are not against good morals or the law (giving little flexibility in drafting the agreement), and;
- signed in front of 2 witnesses is registered at the time of marriage.
If the couple complies with the above basic principles then basically a valid prenuptial contract is created.
A prenuptial in Thailand can include various clauses, but should contain clauses that are enforceable in a Thai court. In the end it boils down to weight given to the prenuptial in a contested divorce. The family courts in Thailand have in the end to determine the enforceability of the clauses in the prenuptial contract and compliance with Thai laws.
Any unfair terms in the prenuptial agreement or terms which are under Thai law considered against good morals are null and void. Also any clause in the prenuptial agreement that the relations between husband and wife as regards to marital property are to be governed by foreign law shall be void.
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FAQ
Does my Thai fiancee need to get independent legal advice?
A prenuptial agreement in Thailand must comply with the above mentioned 3 points. Independent legal advice for your Thai fiancee is not a requirement for the enforceability of the prenuptial in Thailand. Any unfair terms in the prenuptial are null and void.
How to obtain a prenuptial agreement in Thailand?
Obtaining a Thai and English language prenuptial agreement in Thailand can be fairly simple and inexpensive with Thailand Law Online, a Thai English online lawyer service.
Do I have to disclose all financial information when making a prenuptial agreement in Thailand?
This is under Thai law not a requirement for making a valid agreement, but significant existing financial information (property and debts of each) is normally listed in the attachments to the prenuptial agreement registered at the time of marriage in Thailand.
Author resources: Thailand Prenuptial Agreements
Is the prenuptial agreement made in Thailand valid in my home country? I’m not sure how this works?
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