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"
Background and Explanation
This clause, often found in prenuptial agreements under various Western legal systems such as Dutch or Belgian law, seeks to limit or exclude any form of community property between spouses, allowing only for a shared household inventory. In civil law jurisdictions where such freedom of contract is allowed, parties can freely agree to opt out of statutory matrimonial property regimes and define their own financial arrangement. The clause above would typically be valid and enforceable in those systems.
Why This Clause Is Not Enforceable Under Thai Law
Under Thai family law, the matrimonial property regime is prescribed by civil law. The Civil and Commercial Code stipulates that personal property and common (marital) property are defined by statute, not by private agreement. A Thai prenuptial agreement can clarify or identify personal property and assign management rights, but it cannot exclude the statutory property regime in its entirety.
As such, the above clause would be void under Thai law. Including it in a prenuptial agreement registered in Thailand would have no legal effect and could even risk the agreement being partially invalid.
Legal Insight
While this clause illustrates an advanced concept in matrimonial property planning, it also serves as a reminder that Thai law does not allow spouses to deviate fundamentally from the legal framework governing property between husband and wife.
Foreigners married in Thailand or registering a prenuptial agreement under Thai law should ensure the terms comply strictly with local legal provisions. When in doubt, consult a Thai family lawyer before attempting to include complex or foreign-based legal clauses.
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Related
- Marriage in Thailand
- Divorce in Thailand
- Prenuptial in Thailand
- Independent Legal Advice Required Yes/No
- Do I Need a Thai and Foreign Prenup? Explained for Expats
Frequently Asked Questions
Can I include foreign-style property clauses in a Thai prenup?
No, Thai law does not allow the exclusion of the statutory property regime through a prenuptial agreement. Any clause conflicting with Thai law is unenforceable.
What happens if my Thai prenuptial agreement includes an invalid clause?
The court may void the clause while upholding the rest of the agreement, but in some cases, the entire prenup could be affected. To protect the validity of the agreement, it's strongly recommended to include a severability clause such as: "If any provision of this prenuptial agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect."
How much weight does a prenuptial agreement carry in a Thai court?
The effect of a Thai prenuptial agreement is limited. Thai courts will generally follow the statutory system laid out in the Civil and Commercial Code and may disregard clauses that attempt to alter that. However, the prenup can help clarify the parties’ intentions and prevent property from being presumed joint (marital) in case of doubt. It is a strong preventive instrument, not a replacement for Thai marital property law.
This is article contains a sample clause for educational purposes. It is not intended to replace legal advice.
