A Prenuptial agreement is a legal contract that is drafted and signed by a couple before entering into a marriage. It is usually made with the intent of helping to protect a couple’s assets in the event that they get divorced. It can also be used to help a couple divide their property during or after the marriage.
A prenuptial agreement in Thailand is a legally-acceptable arrangement under Thai law and it is recommended for couples to consider making one if they have significant assets. It is important to remember, however, that it must be properly drafted and executed.
It is essential that you consult with a lawyer or solicitor who is well-versed in the law in your home country and in Thailand before preparing a prenuptial agreement. This professional can advise you on the best way to prepare a prenuptial agreement that will be recognized by the court in both jurisdictions and that will have the greatest chance of being upheld if the couple gets divorced.
Thai Law Requirements for a Valid and Enforceable Prenuptial Agreement
The Thai Civil and Commercial Code provides substantial and procedural requirements for a prenuptial agreement to be valid and enforced. A prenuptial agreement must be written and signed in the native language of both parties, and it must be registered in the official marriage register before the wedding. It must also be witnessed by at least two witnesses, both of whom must be at least 18 years old.
If the agreement is not drafted and executed in accordance with the law, it can be void by the courts of Thailand. This is particularly true if the court considers that the prenuptial agreement violates public order or good morals (see Title III Section 1598 of the Thai Civil Code).
Moreover, the Thai Civil and Commercial Code lists several restrictions on what can be included in a prenuptial agreement. These restrictions include a requirement that the agreement cannot waiver or transfer a spouse’s right to maintenance. This requirement is important because if a couple waives a spouse’s right to maintenance, the prenuptial agreement is void.
A foreigner’s Prenuptial Agreement in Thailand is not valid under Thai law unless it is drafted and prepared by an attorney or solicitor with a comprehensive understanding of the conflict of laws principles that govern the application of Thai law to prenuptial agreements between Thai nationals. This is especially important if the couple intends to live in different countries after they marry or if there are assets in other countries that they want to protect.
As the Thai Civil and Commercial Code is the primary source of law in Thailand, it is essential that any Thai prenuptial agreement is drafted by a lawyer or solicitor who is familiar with the legal requirements of both your home country and Thailand. The law of your home country will have to be applied to any property that is transferred in the prenuptial agreement, so it is important to seek counsel from a Thai family lawyer, attorney or solicitor who is knowledgeable about the laws in both your home country and Thailand.