Prenuptial Agreements Thailand

To safeguard your assets for the future, our Thailand-based law firm can help you with the prenuptial agreement for your upcoming marriage.

Prenuptial agreements are allowed pursuant to Thailand law if they meet certain requirements. It is advisable to have a qualified law office assist you with the preparation of a prenuptial agreement and the translation and legalization of such an agreement pursuant to Thai law. Prenuptial agreements, when prepared correctly, are generally considered valid legal agreements in jurisdictions outside of Thailand. Although litigation can be an unpredictable process and the laws of different countries may vary, it is always safer for an individual with significant assets, or even for an individual who is merely careful about his/her financial future, to have a prenuptial agreement.

Prenuptial Agreement FAQs:
1) Why do I need a prenuptial agreement?
2) Can we have an agreement after the marriage is registered?
3) I am a foreign national and I am thinking of bringing my Thai fiancé to my home country. Which types of law firms should I hire for the prenuptial agreement?
4) Why should I be cautious when hiring a law firm to prepare my prenuptial agreement?
5) Which types of property division can I specify in a prenuptial agreement?
6) Does it matter if I get married in Thailand or my home country?

1) Why do I need a prenuptial agreement?
Prenuptial agreements are necessary to create a financial plan which can be managed through the course of marriage/or upon the disintegration of the marriage. It is also useful for people who own substantial assets and properties and wish to control the division of the assets upon divorce.

2) Can we have an agreement after the marriage is registered?
According to Thai law, an agreement made after the marriage does not have the same effect as a prenuptial agreement. (see marriage page)

3) I am a foreign national and I am thinking of bringing my Thai fiancé to my home country. Which types of law firms should I hire for the prenuptial agreement?
You should hire a law firm competent in the laws of both Thailand and western nations. This is to ensure that the attorneys understand the issues involved in preparing a prenuptial agreement which concerns the laws of Thailand and other foreign countries such as USA, UK, Australia or EU countries. A good law firm should draft the prenuptial agreement according to the requirements of the Thai law and the minimum requirements of the law in your home country.

4) Why should I be cautious when hiring a law firm to prepare my prenuptial agreement?
A prenuptial agreement is a serious matter which has significant effects on your future. There are a number of firms that accept this type of work but are unqualified to perform it. You should select a firm that has an international divorce practice, and understands the issues concerning international prenuptial agreements and marital rights in Thailand and the other countries involved.

5) Which types of property division can I specify in a prenuptial agreement?
It depends on the law involved; This may be Thai law or the law of the spouse’s home country (or a combination of both). Under Thai law, you may be able to specify the properties involved and separate them into two categories - community property and separate property. You can also specify how finances will be managed during the marriage. However, restrictions on child support are generally not allowed.

6) Does it matter if I get married in Thailand or my home country?
 Yes. There are issues concerning conflicts of law and the applicability of those laws. Therefore, it is important that your attorneys understand both the laws in and outside of Thailand.

 Related Topic
Marriage