Pre-Nuptial Agreement under Thai Law
A prenuptial or ante-nuptial agreement in Thailand is an agreement entered into between two parties prior to their marriage and is often referred to as a “prenuptial”. This is a special agreement made by the husband and wife to govern their property relations during the marriage. The very purpose of the prenuptial agreement is to protect both parties from separate liabilities prior to the marriage and secure each party’s personal assets which have been acquired prior to the marriage.
This agreement may also make provisions for child and spouse support should the marriage end in divorce. In order for the pre-nuptial agreement to be valid under Thai law, the following requisites must concur:
- It must be made in writing and signed by both parties and at least two witnesses;
- It must be registered with the Marriage Registrar prior to the registration of marriage and upon registration of the marriage thereof, this prenuptial agreement shall be annotated in the marriage registration.
A defect in any of the above requisites would render the agreement invalid and unenforceable. It is also important to note that the provisions of the prenuptial agreement must not contain any provision which is contrary to public morals or any provision specifying that the properties shall be governed by a foreign law.
The parties must sign the agreement in front of two witnesses before their marriage is registered, and the ante-nuptial or prenuptial agreement must be registered at the same district office where the parties register their marriage in Thailand.
An ante-nuptial or prenuptial agreement also protects the interests of other dependents, such as children from a previous marriage or heirs of the direct line such as the parents, as the arrangements or stipulations for the disposal of a party’s personal property can be clearly stated in the agreement. Unlike in an absolute community regime of properties, whereby properties are jointly-owned by the spouses, should the marriage ends in divorce, a prenuptial agreement may come in very handy for both parties. In the partition of properties as a result of dissolution of marriage, it can be handled easily by each party as the agreement already outlines the separation of properties as well as provisions for child support. With the prenuptial agreement in place, the couple can lessen the emotional stress brought about by the divorce and will likewise reduce expensive litigation costs.
Our highly experienced team of family lawyers at Legal Unit Co., Ltd. can specifically advise clients on all aspects of marriage and divorce, including the drafting of prenuptial agreements. Our professionals have extensive experience in drafting this type of agreement, taking into account the provisions of family law in Thailand as well as applicable laws, in the case, one party to the agreement is a foreign national. Getting the advice and opinion from a Thai lawyer who is familiar with the laws governing prenuptial agreements in Thailand is very essential. Prenuptial agreements are very sensitive contracts which must be fully understood by each party. Here, at Legal Unit, we take care of these agreements with utmost sincerity is this is very vital for both spouses and their marital property relations.