Requirements for Drafting a Prenuptial Agreement in Thailand

Mar 14

The Thailand Civil Code, specifically sections 1465 to 1469, cover pre-marriage agreements in Thailand, or prenuptial contracts. While details can vary throughout the world, the law in Thailand only deals with marital and personal assets in the drafting of pre-marriage contracts. Also, the law strictly enforces the idea that any content in the agreement should represent good morals.

A prenuptial, when written, is a basic agreement, made prior to marriage. It should be submitted when the couple registers for marriage. When the contract is included in the marriage register, the public is notified that a prenup exists. You cannot add this contract after the marriage is registered. If a prenup is created before a couple marries but is not submitted with the registration for marriage, it voids the agreement. This is an important factor to note. You need to comply with the legal steps needed to draft and submit the contract.

The prenup’s contracts basically list the assets of each person or the property and items they have brought into the marriage. The agreement can further elaborate on how the assets should be divided should the marriage’s end. However, if the divorce is contested, the court ultimately must determine if the clauses in the contract can be enforced. Any terms in the Thai Prenuptial agreement that do not comply with the equal division of assets between a husband and wife or which do not stipulate the equal liability of common debts are considered void.

Drafting the Agreement in Thailand

A prenup in Thailand can be created in the Thai language as well as English or another language, provided:

The couple understands the content of the contract;
The clauses do not go against the law or good morals;
The contract is signed before two witnesses; and
The agreement is registered with the marriage registration.

If you go along with the above stipulations, the contract is considered legal. Just make sure that any clause in the contract pertains solely to the Civil Code in Thailand, and not to foreign laws that cover marital assets and property.

You do not need to get legal advice to draft the agreement, as any unwarranted clauses are null and void. However, you will need to obtain assistance from a qualified Thai lawyer – someone who fully understands the Civil Code regarding Thai prenuptials and who can draft a contract that will cover your particular situation. While some prenups are made for a couple who were born and reside in Thailand, other contracts are designed for couples who may wish to live outside of Thailand after they marry. Regardless of your situation, your lawyer should be able to draft an agreement that will satisfy the legal requirements and the court.

When having the contract created, you do not have to disclose all your financial details. However, if you wish to submit a valid agreement, you do need to supply a significant amount of current financial information. This includes a listing of the property and debts of each of the parties. These listings are normally attached to the prenup and registered at the time a couple plans to marry. Lawyers recommend that couples provide a balance of all personal assets and include written evidence of these assets and debts.

Adding International Provisions to Thai Prenup

While a prenup in Thailand may include international elements, an international prenup is not enforced. Prenups are designed to satisfy the law where the marriage is held and where they are created. Therefore, if a marriage in Thailand occurs between two people of different national origins, the prenup normally includes a provision about how the matrimonial property will be designated, per a country’s law. This is particularly important for people from other countries who wish to marry in Thailand and the listed assets are contained in another jurisdiction.

If you are from another country, it is important to note that a Thai prenup may not be recognized in another country or Thai law may not recognize another country’s laws. When you face this situation, you should talk to your attorney about your different situations and what consequences you may face by drafting an agreement. If the prenup is properly drafted, in these cases, you can prevent a property division, upon death or divorce, that ends up being very different than what you expected.

Basically, a prenuptial agreement in Thailand represents what the parties bring into the marriage, separately and together. It sets up the management over the parties’ common properties and outlines the intentions of each party in dividing the assets upon death or divorce.

Use the skills of an experienced lawyer to create an agreement that is simply not a legal template, but a contract that is both effective and customized to your situation. By taking this type of approach, you can go into a marriage with more confidence and feel better about your financial future as a whole.