Prenuptial Agreement in Thailand
Prenuptial/premarital agreements in Thailand cover matters relating to personal and common property between husband and wife. It is a legal document which is signed by the husband and wife made in contemplation of marriage. For this agreement to be valid, the following requirements must be complied with:
- it must be in writing;
- each party must have independent legal advice pertaining to the agreement;
- must be signed by both parties in the presence of at least two witnesses;
- must be registered in the marriage registers of the local district together with the registration of the marriage.
A prenuptial agreement can in its content not eliminate the statutory system of property between husband and wife, but it can modify the management over certain common property. A prenuptial agreement in Thailand between a couple planning to marry is commonly used to lists personal assets of each spouse and to establish rights and responsibilities regarding management of the properties during the marriage. It can include the intention how common assets are to be divided upon termination of the marriage, but the prenuptial should not cover subjects like child and spousal support or the making of a will.
If you consider drafting a prenuptial agreement in Thailand, here are the following advantages:
- It can be used as evidence over property disputes in case the marriage is dissolved. The prenuptial agreement lists each party’s properties, thus preventing unnecessary disputes over ownership of properties in case of a divorce.
- The husband and wife have management rights over certain properties listed in the prenuptial agreement. They also can stipulate management over jointly owned properties.
- It lays down the division of assets between the spouses in case the marriage is later dissolved. Personal and marital properties are clearly defined in prenuptial agreements.
Enforceability of prenuptial agreements in Thailand
The Thai Civil and Commercial Code specifies the validity of any agreement under Thai law. The content of the prenuptial agreement cannot be against the law, public policy, customs or good morals. Any provision in the prenuptial agreement which is against the laws governing property relations between the husband and wife cannot be enforced and therefore null and void. A prenuptial agreement in Thailand cannot exclude the general statutory system of personal and common property relations between husband and wife. In a contested divorce, the courts will have to decide on the division of properties made in a prenuptial agreement.