A Thai Prenuptial agreement or so called, pre-marital contract is a written agreement or contract concerning of the assets between a husband and a wife before entering marriage in Thailand. In general, this enlists all assets and properties of both parties, and it distinguishes the property rights each of them will have after the marriage. It would also outline how each wish to divide marital properties in the event of either death or divorce. This only pertains with the marital and personal property of the husband and wife.
As required by the Thai Civil and Commercial Code, these are some of the requirements in making a Thai prenuptial agreement:
- 1. The contract needs to be in writing on the same date as the registration of the marriage, or;
- 2. Each party should have separate lawyers.
- 3. The content of the Thai prenuptial agreement should abide the law and of good morals.
- 4. The contract should be written both in Thai and English or any another language recognized by law, as long as both parties comprehend with its content.
- 5. Prior to the marriage registration, at least 2 individuals are required to witness the husband and wife signing the prenuptial agreement.
It is an advantage to have a Thai prenuptial agreement in case of a divorce afterwards, for assistance with dividing the marital assets. In the event of death with either of the husband or wife, the prenuptial agreement will ensure that you have properties which you want to pass on to a beneficiary, in this case, is not automatically passed on to your spouse. It would make sure that future marriage will not affect the inheritance of the children or grandchildren’s financial security.
It is recommended that you seek the services of an established law firm in Thailand or a registered Thai family lawyer who is familiar with the laws of your home country and in Thailand, before you make a prenuptial agreement with your Thai fiancé. Without the prenuptial agreement, the rights in a divorce court advancement in Thailand may be determined in accordance with the existing law.