Prenuptial agreement in Thailand.
Contrary to most countries, where the prenuptial agreement and its contents can cover a wide range of details, drafting a prenuptial agreement in Thailand will be focused only on the husband and wife’s personal and conjugal assets prior to marriage.
In the Thai Civil and Commercial Code, a pre-marriage contract in Thailand is covered under sections 1465 to 1469. The Civil Code (section 1533) requires all assets of the parties obtained subsequent to marriage and jointly owned to be equally allocated between both parties.
A major advantage for preparing a prenuptial agreement is to simplify any future divorce or disagreement that may occur between the husband and wife. The prenuptial agreement can help to keep divorce matters private for the couple if an earlier understanding is made. It is advisable to have knowledgeable and professional legal assistance in drafting a prenuptial agreement, bearing in mind the jurisdiction and laws of the country where the marriage is registered.
Essential details while drafting a prenuptial agreement in Thailand:
The terms and clauses entered in the agreement are not in violation of the Civil Code and are in good standing with the law- The parties entering into the contract need to acknowledge and sign the agreement before the marriage registration
- It bears signatures from valid witnesses attesting that the parties have signed the agreement in person
- The agreement must be written and submitted at the local district office during marriage registration
