Prenuptial agreements in Thailand or so called, Thai pre-nup is a written agreement or contract made between two people before entering marriage. This, in general, enlists all properties or assets of both parties, specifies what property rights will each have after the marriage and also outlines how each wishes to divide marital properties in the event the marriage is dissolved in death or divorce. This only deals with the personal and marital property of husband and wife.
Prenuptial Agreements in Thailand is governed by the Thai Civil and Commercial Code. There are several necessities for making a prenuptial agreement as follow:
- 1. The contract must be written in text.
- 2. The content of the prenuptial made in Thailand should not be against the law or good morals.
- 3. The prenuptial contract should be drafted both in Thai and English or another language which is recognized by law as both parties understand the content.
- 4. Both must sign the prenuptial agreement in the presence of two witnesses.
- 5. And the prenuptial agreement must be registered at the local district on the day of their marriage registration at their chosen district office in Thailand.
It is beneficial to have a prenuptial agreement in the event of a divorce, as the agreement can assist with dividing the marital assets. And even in the event of death of a spouse, a prenuptial agreement will make sure if you have properties that you want to pass on to your spouse or a beneficiary, in this case, is not automatically passed all on to your spouse. This would ensure upcoming marriage does not affect the children or grand children’s inheritance for financial protection.
In the absence of a prenuptial agreement, rights in a divorce court proceeding may be decided according to the existing law and may not be in your favor. It is important that you seek counsel from a registered Thai family lawyer or attorney familiar with the laws in your home country and in Thailand before preparing a prenuptial agreement with a Thai national fiancée.