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Prenuptial in Thailand

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PRENUPTIAL AGREEMENT THAILAND

What is a Prenuptial Agreement ? 

A prenuptial agreement is a contract that both spouses sign before entering into a legal marriage (not to be confused with a Buddhist marriage). This type of contract could also be called an Antenuptial or Premarital Agreement. 

Normally, a prenuptial agreement provides a financial plan which can be managed through the course of a marriage or upon the dissolution of a marriage (example: divorce). For people with substantial assets and properties who wish to control the division of assets upon divorce, this legal document is very useful. It is also quite beneficial for future spouses who hold different nationalties. 


Prenuptial Agreement Thailand


Spouses may also sign a postnuptial agreement, which is made after their marriage is finalized. However, you should know that postnuptial agreements under Thai laws are not particularly strong, nor usual, due to section 1469 of the Civil and Commercial Code of Thailand (The “CCCT”). Moreover, a prenuptial agreement that is entered into in Thailand cannot be altered after the marriage, except by the authorization of a Thai court. 


Particular Requirements 


Thai laws place limitations on prenuptial agreements and you must follow Thai rules and regulations in order for the contract to be valid and enforceable. A Thai prenuptial agreement is required by law that:
  • It is a written agreement signed by both parties;
  • It is signed before or on the same day as the marriage registration under Thai Law;
  • Two witnesses are present for the registration;
  • The agreement is attached with the marriage certificate where the marriage is registered;
  • If one of the spouses is  under 20 years of age, he/she obtains consent from either parent(s), guardian, or legal representative. 
Under sections 150 and 1465 (2) of the CCCT, a prenuptial agreement must be drafted in accordance with Thai laws pertaining to public order and good morals. In other words, spouses do not have absolute determination in the design and scope of their contract. The following are a few examples of clauses that were deemed to contradict the public order and were declared void by a Thai court:  
  • If a husband goes out with another lady, a wife can file for divorce;
  • A clause asking that the full salary of the husband must be given to his wife;
  • The contract shall be governed by laws outside of Thailand; 
  • A clause that specifies the debts of each spouses. For example: education-related debt will be the personal debt of a husband, or debt arising from the business of both spouses will be the personal debt of wife.
As you know, the definitions of public order differ from one country to another. Thus, under Thai laws, a clause specifying that in cases where a husband and a wife live separately, all assets acquired during separation are considered personal properties, shall be deemed void. However, this type of provision may be valid under California State laws. 



How to get a Prenuptial Agreement ?


While prenuptial agreements may be purchased online for a very low cost, these contracts are highly unlikely to be drafted in your best interest. Here is an example of a paid for download (800 Baht) of a prenuptial agreement in Thailand.

It is always much safer to hire an attorney to assist in drafting a contract of this kind of importance, especially if you have a significant amount of assets. If you have any question related to prenuptial agreements, do not hesitate to contact Isaan Lawyers, a firm that specialises in Family Law.

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