MARITAL property. Property between husband and wife in Thailand is governed by the Civil and Commercial Code and possible prenuptial agreement.
For all marriages in Thailand Thai law specifies that property belonging to either spouse before the marriage remains his or her personal property during the marriage, and each spouse shall remain the sole manager of his or her personal property. What’s yours before the marriage remains yours during the marriage. If personal property during the marriage has been exchanged for other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall remain personal property (Sin Suan Tua).
Section 1472 of the Thailand Civil and Commercial Code. ‘As regards to Sin Suan Tua (personal property), if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua’.
Besides each of the spouse’s personal ‘Sin Suan Tua’ property, a Thai marriage creates common or marital property owned jointly between husband and wife (Sin Somros). Under Thai law all property acquired throughout the course of the marriage is marital property regardless of how title is held. Division of marital property takes place when the marriage comes to an end. Unless the parties can agree how to divide their properties the Court will divide the marital assetst subject to the above section 1472 of the Civil and Commercial Code and individual circumstance of the parties.
Marital property under Thai law consists out of ‘benefit and income’ (e.g. savings) and ‘fruits’ of each spouse personal property (e.g. rent received from a personal property) acquired during the course of the marriage will be divided equally as joint property between husband and wife. Often property of husband and wife during marriage will consist of a mix of personal and joint marital property. A practical solutions to dealing with the financial consequences of a marriage in Thailand is a prenuptial agreement and the administration of the couples finances and personal property during their marriage. It is under Thai law not possible to exclude the marital property rule in a prenuptial agreement.
Blog Post: prenuptial agreements in Thailand
Property acquired by inheritance, legacy or gift by one of the spouses during the course of the marriage will in principle become a personal property of the receiving spouse.
Blog Post: Prenuptial agreements in Thailand, Prenuptial Agreements, Prenuptial template forms
I was considering a prenuptial agreement with my Thai girlfriend before we marry in Thailand in October. I do not want her to be entitled to any of assets of mine. So when we split she still has what she has now or what she has earned after the marriage. Same conditions for me. Do I have to make a prenup for that?