Pre-nuptial agreement in Bangkok, ThailandPre-nuptial agreement is a special contract between prospective husband and wife before the marriage clearly stating rights and obligation concerning their properties before marriage and after marriage. It is a special agreement stating relation between husband and wife as regards to their properties.
Pre-nuptial agreement under Thai law is governed by provisions under Civil and commercial code of Thailand. Pre-nuptial agreement or it clause is void under Thai law if:
- Any clause in the pre- nuptial agreement is against to public order ore good morals
- Any clause mentioning of foreign law to be applicable as regards to the property
- Not made in writing and understood by both spouses
- Not signed by both spouses in presence of at least 2 witnesses
- Not registered with marriage registrar at the time of marriage.
Once pre-nuptial agreement is registered and couple are married, it cannot be altered except by the order of the court.
Under pre-nuptial agreement the properties are classified into
- Properties of spouses: (Sin Suan tua): these are personal property of each spouse which consists of
- Property belonging to either spouse before marriage
- Property for personal use or ornament suitable for station in life or tools necessary for carrying on the profession of either spouse.
- Property acquired by either spouse during marriage through will or gift
- Khongman (engagement gifts)
Each spouse is manager of his or her own property (Sin Suan Tua).
- Common property (Sin Somros): Properties acquired after marriage which consists of
- Property acquired during marriage
- Property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be common property
- Fruits of personal property (Sin Suan Tua)
In case there is a doubt about the property be personal property or common property, the property shall be considered is common property.
Thai pre-nuptial agreement is recommended because
- It summarizes personal assets and liabilities of each spouse before marriage
- It aids in the fair allocation of property in the event of divorce or death
- It reduces litigation cost in the case of contested divorce
- It ensures your children protection if you have children before your marriage.
Our legal team helps to ensure that agreement is made according to Thai legal provisions, is drafted and customizes as per your requirement and properly registered at district office at the time of registration.