Prenuptial Agreement in Thailand

If you are considering a prenuptial agreement in Thailand then read further. The provisions provided by this article are applicable in the relations between the husband and the wife, if they have not, previous to their marriage, concluded a special agreement (prenuptial agreement) concerning their properties.

If you are going to get married in Thailand then the prenuptial agreement has to be handed in to the Amphurs Office at the same time as the marriage registration. The prenuptial agreement must be legal in Thailand as well as in your home country. The United States is very difficult as the State laws tend to differ. Note also that the prenuptial has to be in writing as well as have two competent witnesses. Note that a deaf person is not seen as a competent witness under the law. See also the Muslim marriage requirements in Thailand. 

The prenuptial shall be void if:

• – A clause in this agreement is contrary to the public order or good morals, or
• – Providing a foreign law to be applicable to their relations as regard to their properties,
• – It is not made in writing and signed by both spouses and by at least two witnesses; and
• – Entered in the Marriage Register.

Once the spouses are married, this ante-nuptial agreement cannot be altered, except by authorization of the Court, which is notified to the Marriage Registrar. An ante-nuptial agreement will never have any effect as regards the rights of third persons acting in good faith.

Note the conditions above which are the most common mistakes made when drafting a prenuptial agreement in Thailand. Speak to a family lawyer in Thailand for more information and assistance before you register your marriage in Thailand.

Properties of the spouses: Sin Suan Tua and Sin Somros

The properties of husband and wife can be divided into “Sin Suan Tua” and “Sin Somros”Sin Suan Tua consists of:

• – Property belonging to either spouse before marriage,
• – Also property for personal use or tools necessary for carrying on the profession,
• – Property acquired by either spouse during marriage through a will or gift,
• – Khongman

If some of these properties have been exchanged, other property has been bought or money acquired from selling it, or if the Sin Suan Tua has been totally or partially destroyed but replaced by other property or money, these other properties or money acquired are Sin Suan Tua as well. Each spouse is the manager of his or her Sin Suan Tua.

Sin Somros consists of:

• – Property acquired during marriage,
• – Property acquired by either spouse during marriage by a will or gift made in writing; if
• – Its declared by such will or document of gift to be Sin Somros,
• – Fruits of Sin Suan Tua.

If there is a doubt about a property, it is presumed to be Sin Somros. Debts that both spouses are jointly liable to perform shall include the following debts incurred by either spouse during marriage:

• – Debts incurred for household affairs and providing for the necessaries of the family,
• – Also Debts incurred in connection with the Sin Somros,
• – Debts incurred in connection with a business carried on by the spouses in common,
• – As well as Debts incurred by either spouse only for his or her own benefit but ratified by the other.

Our attorneys and solicitors specialize in drafting and preparing a Prenuptial Agreement tailored to clients’ specific needs. We also have experience practice on international prenuptial agreements such as USA, UK, EU, Australia, and Thailand. Speak to our Thailand family lawyer and let our professional team assist you with your Prenuptial Agreement.

The cost of drafting a prenuptial agreement in Thailand will vary. They have become more complex for Americans as the States have their own laws and these need to be considered. Drafting a prenuptial in Thailand which is applicable to Thailand and your home country will determine the costs.

See also Divorce in Thailand.

You should consider a Thai prenup if you are in following categories:

• You have assets such as a home, stock or retirement funds
• Own all or part of a business
• You may be receiving an inheritance
• You have children from a previous marriage
• One of you is much wealthier than the other
• One of you will be supporting the other through college
• So you have loved ones who need to be taken care of e.g parents
• You have or are pursuing a degree in a lucrative profession
• You can see a big increase in income because of your business

Having your Thai prenup drafted by a qualified family law lawyer is recommended to ensure that provisions are legally binding in both Thai and foreign jurisdictions thereby, giving utmost protections to your assets, investments and properties.