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 need more information about a prenuptial agreement in Thailand then speak to our family lawyer in Bangkok or Phuket for more information and assistance.
The prenuptial agreement 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,
- – 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,
- – Debts incurred in connection with the Sin Somros,
- – Debts incurred in connection with a business carried on by the spouses in common,
- – Debts incurred by either spouse only for his or her own benefit but ratified by the other.
Who should avail themselves to a Thai Prenuptial Agreement?
You might want to consider the reasons for having a prenuptial agreement in Thailand. Below are some of the most common reasons why people register a prenuptial agreement in Thailand when they get married. See if you also have prone to one of these reasons to protect your assets in Thailand and abroad. Always take legal advice in this regards.
You should consider having a Thai prenup if you fall into any of the 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 and/or grandchildren from a previous marriage
- – One of you is much wealthier than the other
- – One of you will be supporting the other through college
- – You have loved ones who need to be taken care of, such as elderly parents
- – You have or are pursuing a degree in a potentially lucrative profession
- – You could see a big increase in income because your business is taking off.
Our Attorneys and Solicitors specialize in drafting and preparing Prenuptial Agreement tailored to clients’ specific needs. We also have experience practice on international Prenuptial Agreement such as, USA, UK, EU, Australia and Thailand. Please let our professional team assist you on your Prenuptial Agreement. See also Marriage Registration & Divorce in Thailand.
- Our law firm provides the following services for our Thai Prenuptial Agreement package:
- – Free consultation
- – Prenup in Thai and English languages
- – Explanation of the agreement to your Thai fiancée by our Thai lawyer
- – Signing of the prenup agreement
- – Registration of the prenup if marriage is done in Thailand
Prenuptial Agreements Frequently Asked Questions
Are prenuptial agreements a good idea?
Yes prenuptial agreements are. In Thailand many believe that they do not require a prenuptial agreement however when they return to their home country the divorce proceedings and laws will not be the same. Always consider the future before getting married in Thailand and the need for a prenup.
How much money should you have to get a prenup?
It is not so much money that you have than what you can still earn. People with good professions or who are working towards these may want to invest in a prenuptial agreement as you may not be at the financial level as what you are at now.
What are the limitations of a prenuptial agreement?
The limitations are much like those of drafting a will. The limitations on the prenuptial agreement is that it cannot be illegal or immoral. In the UK they have further taken the issue to what is considered to be fair by the courts. Consider all your options.
What does a prenuptial agreement protect?
The prenuptial protects your property in Thailand as well as abroad. Many forget that the house in the US will also be affected by a marriage in Thailand. Speak to a lawyer about what else it will protect and why a prenup is essential before getting married.
What are the costs of a 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.