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Difficult as it may be to talk about such things before marriage in Thailand, doing so can save heartache and difficulties in future between you and your partner. A prenuptial agreement in Thailand can minimize the financial and emotional toll of a divorce. Couples without one will have their assets distributed for them by the state if the marriage in Thailand ends and they disagree about who should get what.
A prenuptial agreement in Thailand, commonly abbreviated to prenup or prenupt, is a contract entered into prior to a marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a Thailand prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or break up of the marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery. Further conditions of guardianship may also be included.
England and Wales do not enforce prenuptial agreements, but agreements may be upheld at the court's discretion.
Thailand Prenuptial Agreements are authorized by Thai law and must conform to the Civil & Commercial Code of Thailand. The prenuptial agreement in Thailand must be signed prior to the marriage with the person who is at that time still your fiance and not yet your legal spouse. Prenuptial agreements must be registered simultaneously with the marriage in the marriage register at the local office where the marriage takes place. After the marriage the prenuptial agreement cannot be altered except by the authorisation by the Court.
Section 1465: Where the husband and wife have not, prior to their marriage, concluded a special contract concerning their assets, the relations between them as regards their assets shall be governed by provisions of this Chapter.
Any clause in the prenuptial agreement contrary to public order or good morals, or stating that the relations between them as regards such assets are to be governed by foreign law shall be void.
Section 1466: The prenuptial agreement is void if not entered into the Marriage Register at the time of registering the marriage terms of the prenuptial; or if not performed in writing and signed by both spouses and a minimum of two witnesses and entered in the Marriage Register at time of marriage registration affirming that the prenuptial is thereto annexed.
Section 1467: After marriage, the prenuptial contract cannot be changed except by authorization of the Court. When there is a final order of the Court to effect the alteration of cancellation of the prenuptial agreement, the Court should inform the Marriage Registrar of the matter in order to have it entered into the Marriage Register.
Section 1468: Clauses in the prenuptial agreement will have no effect as regards the rights of third persons acting in good conscience and faith, without regard to whether they be altered or cancelled by the order of the Court.
Our Thailand prenuptial agreement service will take approximately 3-4 business days. M & S Law Office 2006 offers licensed professional legal services by experienced Thai lawyers who specialise in family law in Thailand. We will draft your prenuptial agreement as you wish and also translate to Thai.
The family law in Thailand is fairly straightforward. Foreigners must first obtain clearance from their respective embassies.
M & S Law Office 20006 can help co-ordinate the procurement of official documents from the embassy and have them translated and legalized quickly with minimum problems. Familiarity with the formalities of a Thai marriage, access to qualified translators, and an understanding of the legalization process reduce the likelihood of delays or complications.
Our law firm provides full legal services throughout Thailand including the key business cities such as Bangkok, Pattaya, Chiangmai and Phuket.
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