A Prenuptial Agreement Thailand, also known as a premarital agreement, is a contract that is entered into by two people who are planning to get married. The prenuptial agreement outlines the rights and responsibilities of each person in the event of a divorce. Prenuptial Agreements are legal in Thailand and governed by sections 1465 to 1469 of the Thai Commercial and Civil Code. (TCCC).
Written by Mr. Sebastien H. Brousseau, LL.B. B.Sc. (updated in June 2023)
Prenuptial agreements are enforceable under Thai law. However, there are a few requirements under Thai law in order for the contract to be valid.
Requirements for a Prenuptial Agreement in Thailand:
● The agreement must be in writing.
● Both parties must sign the prenuptial agreement.
● A prenuptial is made before the marriage. A contract made after marriage about property could be void in Thailand based on clause 1469 CCCT. Post nuptial in Thailand are not legally strong because of that clause at 1469. Thai law about marital assets is quite fair and similar to what we called “société d’acquêts” under civil law.
● The agreement must be fair and equitable.
● The prenuptial must not be contrary to public order
● Registration of your Prenuptial Agreement is Thailand is necessary. If not, the contract is completely void. (clause 1466 TCCC)
It is important to make a prenuptial agreement if you have any assets that you want to protect in the event of a divorce. A prenuptial agreement can help you to ensure that your assets will go to whoever you wish. You can even decide that your spouse cannot take some assets acquired before marriaeg in a divorce . However, do note that the marital properties acquired after marriage, “are presumed” common properties and could be common assets. This is why you might need a lawyer to review the purchase of a property or guide you with real estate assets or any assets in Thailand that could be valuable for you.
Here are some of the benefits of having a prenuptial agreement in Thailand:
● Protect your assets in the event of a divorce.
● Help to avoid conflict and disagreements during a divorce.
● Provide certainty and peace of mind knowing that your assets will go according to your wishes.
● It could decide about the management of the common or personal properties or limit it. We often add clauses about the maximum off money that can be borrow by a party without the consent off his spouse.
● It can even contain clauses related to some behaviour but that is normally rare. We had clients restricted their fiancée to gamble or takke drugs because off previous addictions.
If you are considering a marriage in Thailand, it is important to speak with an attorney about these matters about whether or not a prenuptial agreement is right for you. Frank Tax Legal can help you to draft a prenuptial that is fair and equitable and that will be enforceable under Thai law and also other jurisdictions depending on your case.
What you should consider when drafting a prenuptial agreement Thailand
● Your assets and liabilities.
● Same for you spouse’s, assets and liabilities.
● We can include some clause about your future children but it is limited under Thai Law. However, do note that courts can modify this part and always choose the best interests of the child.
● Alimony or parties of it could be prewritten but we would advise you to be careful with these matters. The contract must always be fair but there are ways to write about these matters.
It is important to be open and honest with your spouse about your assets and liabilities when drafting a prenuptial agreement. This will help to ensure that the agreement is fair and equitable. A court could void an agreement that is unfair or does not disclose all of your assets or your personal situation at your marriage.
You should also seek legal advice from an attorney who has experience in drafting prenuptial agreements in Thailand. Even better, someone with experience in many countries like us at ThaiLawOnline.
Conflict between different laws
We can help you to ensure that your agreement is valid and enforceable under Thai law. But these matters are extremely complex when it involves different countries and jurisdictions. Not many attorneys know that the laws of some states in the USA are different even in one country, or laws of Germany, France, Singapore and Thailand also differ. This is to show that the parties had plenty of time to consult an attorney or change their decision.
There is an international convention on the subject of marital property but it was ratified by only a few countries. Sometimes you will have to consult attorneys from 2 different jurisdictions to get the best answer to protect you according to your needs. We can help you to choose what is the best for your situation.
If you are ready to proceed and needs our instructions about documents to send us, fees and others, send an email to prenuptial@thailawonline.com and you will received all the info.
