A prenuptial commonly abbreviated to prenup is a marriage contract entered into by two people prior to marriage. Most prenuptial agreements are started because couples don't want the court system to dictate who gets what should the marriage should end in a divorce. Is a prenuptial agreement in Thailand the answer?
Enforceability of the content of a prenuptial agreement
Prenuptial agreements are recognized and enforceable in Thailand.
For the formal validity of prenuptial agreement (section 1465) it is required that the agreement is in writing, signed, witnessed and entered into the marriage registers by the Registrar together with the marriage. If the prenuptial is NOT annexed and entered into the marriage register together with the marriage the prenuptial agreement is void and the statutory laws governing 'property of husband and wife' will apply. A post-nuptial is not recognized in Thailand.
If a valid prenuptial agreement has been made, how will a court deal with the content of the prenuptial agreement made in Thailand when it comes to a divorce and the division of assets between husband and wife. A prenuptial agreement in Thailand can only deal with assets and debts and the content of the prenuptial cannot be against the law or good morals. The criterion in the law 'against the law or good morals' gives little flexibility in drafting a prenuptial agreement in Thailand and any terms in the prenuptial agreement against the statutory legal system of property between husband and wife will quickly be set aside by a court in Thailand as against public policy or good morals and therefore null and void.
A prenuptial in Thailand deals primarily with:
- protecting personal property brought into the marriage;
- management over marital property, as specified in section 1476 Civil Code, during marriage.
What does that mean in a divorce in Thailand?
If a divorce in Thailand is based on mutual consent the parties can go to any local government municipality in Thailand and apply jointly for divorce if there is agreement on the terms of the divorce. If the parties have made a prenuptial agreement this could have helped as a divorce guideline between husband and wife on how to divide the properties.
If the divorce is contested and referred to the court on the grounds for divorce given in section 1516 Civil Code the prenuptial is recognized however the terms of the prenuptial agreement will be scrutinized by the court and what you have agreed in the prenuptial agreement contrary the statutory legal system could turn out to be null and void in a court.
Not many Thai nationals do prenuptial agreements and lawyers in Thailand are generally not used to deal with prenuptial agreements. It is more common for foreigners in Thailand to request a prenuptial, but also more complicated as the laws regarding marriage and prenuptial agreements change depending where you are in the world. A Thai prenuptial with a choice of law for Thai laws could be a smart choice for a foreigner, or it may not. It is important to consider the laws of both Thailand and the laws of the foreigner's nationality. Legal advice should be obtained from both a legal professional qualified under Thai and as well as from a professional qualified under the laws of the nationality of the foreigner.
How to obtain a Thai English prenuptial
Prenuptial Thai lawyer service
Some law firms in Thailand use, because they are unfamiliarity with this type of contract, a standard free English language prenuptial agreement downloaded from the Internet and translate this to Thai instead of drafting a typical prenuptial that complies with Thai laws and is enforceable in a Thai court. A free prenuptial template generally holds very little weight in a Thai court, this while it is possible to order and obtain for a relative small amount a professional specific Thai English prenuptial agreement template from our website.
Buy a prenuptial template or custom laywer edited agreement here!
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