Marriage Contract Prenuptial in Thailand

Marriage Contract
prenuptial in Thailand

A prenuptial in Thailand is established through agreement between a man and a woman who are about to be married. A prenuptial agreement in Thailand (download ZIP-package) is ONLY a valid contract if it is made BEFORE the marriage and REGISTERED with the local municipality government office where the marriage takes place.

Matrimonial Property of Husband and Wife

Family and matrimonial laws in Thailand governing assets of husband and wife, marital property, and the making of an pre-marriage contract (or prenup prenuptial agreement between a man and a woman in contemplation of marriage). Marriage and contracts concerning property of husband and wife is governed by the sections 1465 to 1469 of the Thailand Civil and Commercial Code.

CHAPTER IV

PROPERTY OF HUSBAND AND WIFE

table of contents

Section 1465. Where the husband and wife have not, previous to their marriage, concluded a special (prenuptial) agreement concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chapter.

Prenup

is short for prenuptial agreement, the pre-marriage contract under Thai law splitting the property between two people who are about to marry, specifying personal and marital assets and setting out the terms of management over personal and marital assets and debts

Prenuptial Agreement

under Thai law an agreement made by a couple before they marry concerning management of future marital and personal property and listing personal assets and debts at the time of marriage usually in an annex to the prenup contract.

Prenuptial Agreement in Thailand Before Marriage

Marriage laws
benefits of a prenuptial agreement

Prenuptial agreements in Thailand, as a pre-marriage contract, are specifically governed by sections 1465 to 1469 of the Thailand Civil Code. Worldwide the content of a prenuptial can vary widely, but under Thai law a prenuptial contract can only deal with personal and marital property of husband and wife. In addition, the tough standard for drafting a prenup in Thailand is that the content may not be against the law or good morals.

Contract Download

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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.

Registration of a Thai Marriage

Thai Family Law
civil marriage in Thailand

Marriage in Thailand is governed by the Civil and Commercial Code book 5, sections 1435 to 1535. A marriage (section 1457) can take place only if the man and woman (who are at least 18 years old) agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar. Marriage in Thailand is created and completed on formal registration and inclusion in the government's marriage register.