Prenuptial Drafting in Thailand

Thailand Prenuptial Lawyer

Prenuptial agreement Thai law firm online

In North-Eastern Thailand (the Issan Province) many Thais believe that marriage entitles them to half of the assets of the other spouse, even though Thailand marriage laws states that personal property of each spouse remains personal property during the course of the marriage (Chapter IV, ‘Property of Husband and Wife’ section 1471 Civil and Commercial Code).

Practice of a prenuptial agreement.

Not many Thais enter into prenuptial agreements

A prenuptial agreement cannot be made after the marriage registration and the content cannot be against good morals (what is considered right and wrong in Thai culture) or the law (the statutory legal system in Thailand). It should be obvious that the content of a Thai prenuptial has it legal boundaries, i.e. what is enforceable in the prenuptial, and what not.

As a prenuptial in Thailand commonly lists personal assets of each spouse at the time of marriage it could prevent unnecessary disputes in case a marriage is later dissolved. In a divorce the parties do not have to prove what is brought in the marriage as personal property as it is listed in the prenuptial agreement. There cannot be a legitimate claim towards personal property of the other spouse when the marriage ends.

The first benefit of a prenuptial agreement in Thailand lies in proof of what is personal property and preventing disputes in a possible divorce.

The basic rule under Thai law is that all properties acquired during the course of the marriage will become jointly owned or marital property, regardless how the title is held. Control over these properties lies with both spouses jointly, unless the husband and wife have made a valid prenuptial agreement prior to their marriage. A prenuptial agreement may grant management of certain jointly owned property (as listed in section 1476 of the Civil and Commercial Code) to one of the spouses.

The second benefit of a pre-marriage or agreement prenuptial lies in the right to manage property during the marriage without the consent of the other spouse. Real estate is generally excluded as it is often registered as a personal property of the Thai spouse (read more in real estate and marriage).

Divorce and division of assets

In a possible divorce in Thailand all properties (personal and jointly owned between husband and wife) must be taken out of the marriage. If personal properties are listed in a prenuptial there should not be a problem on the division, unless it has been exchanged during the marriage for other property. If personal property has been exchanged for other property this remains personal property. If there is a dispute if a property has become a marital property or a personal property the division could become complicated. If the couple can't agree on their separation and division of property it could be referred to a court instead of a simple divorce on mutual consent at the amphur. The valuation of property which consists out of personal and marital property is complex and a court has the discretion to value it based on individual circumstances and of course according to the laws of Thailand.

The prenuptial agreement can include possible division of properties, however as the concept of a prenuptial agreement is rather new the legal literature on prenuptial agreements is still underdeveloped. It is slightly unpredictable how the courts deal with arrangements on the division of properties made in a prenuptial agreement, but the third benefit of a prenuptial agreement is that it can state possible division of marital assets in case the marriage in Thailand is later dissolved.

We offer professionally lawyer edited prenuptial agreements in Thai and English for all provinces in Thailand. Custom prenuptial agreements for 9,800 baht or prenuptial templates for 4,900 baht, including free email support.

A customized Pre-Nuptial e-mailed directly to you within 5 business days. Drafted by experienced lawyers.

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