Prenuptial Agreement Thailand
Thailand Prenuptial Agreement
Thailand prenuptial agreement or "Thai prenup" is a written contract created by two people before they are married. A Thai prenup typically lists all of the properties each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage. In some jurisdictions, a prenuptial agreement is known as an "ante nuptial agreement" or in today’s terminology, as a "premarital agreement." Prenuptial or premarital agreements in Thailand relates to property relations between the husband and wife during the marriage and in case where the marriage is subsequently dissolved.
How do I get a prenuptial agreement in Thailand?
Thai Prenuptial Agreement is governed by the Thai Civil and Commercial Code. It is important that you seek counsel from a registered Thai family lawyer, attorney or solicitor familiar with the laws in your home country and in Thailand before preparing a prenuptial agreement with a Thai national fiancée.
Prenuptial Agreement Requirements
Under the Thai Civil and Commercial Code, there are several requirements for making a Thailand prenuptial agreement:
- The contract must be in writing. Additionally, each party must receive separate legal counsel;
- The prenuptial agreement must be made before the marriage. Any contract made after the marriage registration concerning personal and marital property is void;
- The parties must sign the Thai prenuptial agreement in the presence of two witnesses prior to the marriage registration; and
- The Thai prenuptial agreement must be registered at the local district where the parties decide to register their marriage.
A prenuptial agreement to be valid as to its contents must conform to the following requisites:
- The provisions of the prenuptial agreement must not be against laws and public morals;
- Both parties must understand the provisions of the prenuptial agreement. The agreement is made in both Thai and English versions; and
- The prenuptial agreement must be made prior to the marriage.
Importance of a Prenuptial Agreement
Spouses have separate properties apart from the marriage portion as provided for under the Thai Civil and Commercial Code. These properties are the following:
- The property belonging to either spouse before the marriage;
- Personal properties including dresses and ornaments for individual use or the tools and the instruments necessary to carry on the profession of either spouse;
- The property acquired by either spouse during the marriage by a will or donation; and
- The property considered as engagement gift.
A prenuptial agreement prevents a foreseen dispute involving the properties of each spouse as specifically mentioned as separate properties in the event of a divorce. By enumerating each spouse’s assets in a prenuptial agreement, both parties agreed to unnecessary dispute over ownership of certain properties in case the marriage is dissolved. In a possible divorce proceeding, the husband and wife need not prove ownership of properties brought in the marriage as this is well acknowledged and enumerated in the prenuptial agreement.
The prenuptial agreement also benefits the management of marital properties. Section 1476 of the Civil and Commercial Code provides for the management of marital properties. The presence of the prenuptial agreement may grant the sole right of management over jointly owned assets to either of the spouses. However, when it refers to a real property, i.e. land, it must be observed that foreign spouses will let the management thereof to the Thai spouse respective to the land ownership under Thai law.
The prenuptial agreement also states a division of assets in case of marriage dissolution. In a divorce case in Thailand, properties shall be liquidated and marital properties need to be divided equally between the spouses. In case of doubt whether the property belongs to the marriage portion or not, it shall be presumed to be of the marriage portion. In this case, the prenuptial agreement prevents this scenario as properties and division thereof are clearly listed.
Who Needs a Prenuptial Agreement
US CITIZENS: Prenuptial agreements are valid in all 50 states. In fact, since 1983, at least 26 states have enacted a version of the Uniform Premarital Agreement Act, which encourages enforcement of prenups. Case law is sufficiently developed that a well-drafted prenuptial agreement, properly prepared by counsel for both parties, can withstand the toughest scrutiny.
UK CITIZENS: Prenuptial Agreements are not recognized by law in the United Kingdom. However, some weight "may" be given by the court; it will nevertheless take the content of the agreement into account when reaching its decision. It is strongly recommended for British and UK Citizens to draft a Thailand prenuptial agreement for prior to marriage to Thai fiancé.
EU CITIZENS: Prenuptial agreements are generally upheld throughout continental Europe. For example, France, Germany and Belgium recognize premarital agreements that fall within the bounds of accepted contracts.
AUSTRALIA CITIZENS: In Australia, prenuptial agreements may be made under the Family Law Act of 1975. The typical topics are covered and the usual restrictions apply.
THAI CITIZENS: Thailand prenuptial agreement is valid and enforceable under Thailand Law
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Procedure in Drafting Prenuptial Agreement
Our law firm specializes in family law such as marriage registration, prenuptial agreement Thailand, and divorce in Thailand with our well experienced foreign and Thailand lawyers, attorneys and solicitors who can draft prenuptial agreements tailored to your specific needs.
Once authorized to perform the duty, a Notarial Service Attorney may execute the following functions:
- Verification to the authenticity of signatures in a document;
- Certification of identity of parties to an agreement;
- Administration of oaths and affirmations;
- Attestation and certification of certain classes of documents
- Be witness to the signing of parties to a document.
As Thailand is not a signatory to the Hague Convention on Legalization of Foreign Public Documents, parties who have engaged notarial services in Thailand may need to have the notarized document authenticated or legalized further at the Ministry of Foreign Affairs of Thailand, or at the Embassy of the country to which the document is to be presented.