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Thai legal for expats

prenuptial agreement

  • Are there any risk for my assets after a Thai marriage?

    When I marry in Thailand to a Thai national. so under Thai law, does my marriage has consequences for any property I own? Thanks

  • Is my Thai prenuptial agreement valid overseas

    Are Thai Prenuptial Agreements Enforceable Abroad?
    Why Expats Should Consider a Dual Prenup

    Sample Clause:

    Sample Clause in a Thai Prenuptial Agreement:
    This Agreement is made in accordance with the laws of the Kingdom of Thailand and shall be governed and interpreted exclusively in accordance with Thai law.
    The parties agree that any dispute arising in relation to this Agreement shall fall under the exclusive jurisdiction of the courts of Thailand.

    Many foreigners marry in Thailand and sign a prenuptial agreement under Thai law, thinking the matter is settled. But what happens if you later move abroad and divorce occurs in your home country? Will that Thai prenup still protect your assets?

    The short answer: It depends on where you live, and how your prenuptial agreement was drafted.

    Thai Prenups Are Valid - But Not Always Enforced Abroad

    A properly registered prenuptial agreement under Thai law is enforceable in Thailand. However, foreign courts are not automatically bound to recognize it, especially in countries with different legal systems.

  • Prenuptial Agreement

    A Thai prenuptial agreement is a written contract made before marriage that sets how the spouses’ personal property (sin suan tua) and marital property (sin somros) will be managed. To be valid it must be in writing, signed by both parties and two witnesses, and registered/attached to the marriage at the district office (Amphur) at the time of marriage registration. After marriage it can only be changed by court order.

  • prenuptial refused by the amphur?

    I purchased the prenuptial agreement from you and did everything as per the instructions. On the 12th December we all visited Ampur Lak Si, Bangkok and when they got round to us at 17.15 after we had waited since 08.15, they advised us that they could not accept the prenuptial agreement. They advised that the prenuptial needed to be approved by the British Embassy and that the Thai and English text needed to be approved also. We explained that this was a Thai legal agreement, that it was agreed by both parties (myself and my partner), we had two witnesses and there was absolutely no 'risk' to the Ampur officials accepting the prenuptial in its current format on the day - but they said they would not accept it and that was that. I've left it a couple of days to write to you because we have both cooled down a little, but what was supposed to be a great day turned into a very disappointing day for all of us. Again, as a foreigner here in Thailand, despite using your services, I was left once again left feeling like 'up the creek without a paddle'. Clearly, purchasing your on-line prenuptial agreement and presenting it to an Ampur on it's own is simply not an acceptable mechanism. What I feel is needed is some form of additional written confirmation from your company that goes some way to protect me (and others) next time we attempt to be married. I suggest a covering letter from your company explaining that, 1) the attached prenuptial agreement absolutely complies with current Thai legislation, 2) any change to it by either party would make it unenforceable in Thai law, 3) there is no requirement therefore to have the attached prenuptial agreement approved by any authoritative body, be that the likes of an Embassy or any Thai Translation Service and, 4) the covering letter is written in both Thai and English so that the officials at any Ampur we might chose to visit understand that what we are presenting is acceptable. I look forward to hearing back from you about how this unacceptable situation can be made right, because as we have proven beyond dispute, purchasing your on-line prenuptial agreement on its own does not work.

  • Unenforceable Clauses in a Thai Prenuptial Agreement

    Sample Prenuptial Clause Not Valid Under Thai Law

    Example clause from a prenuptial agreement:

    "The spouses agree that there shall be no community of property between them, except for a limited community of household effects. All other forms of matrimonial property regimes are expressly excluded."
    "คู่สมรสตกลงกันว่าจะไม่มีทรัพย์สินส่วนรวมระหว่างกัน ยกเว้นเพียงทรัพย์สินที่ใช้ร่วมกันในครัวเรือนเท่านั้น ระบอบทรัพย์สินสมรสในรูปแบบอื่น ๆ ทั้งหมดให้ถือว่าไม่อยู่ภายใต้ข้อตกลงนี้โดยชัดแจ้ง"