Call us now:
The prenuptial agreement in Thailand
A prenuptial agreement in Thailand is a legal document that a couple creates before marriage or before registering their civil partnership. In Thailand, a prenuptial agreement allows couples to protect their interests regarding liabilities, property, and other financial matters in the event of divorce, separation, or the death of a spouse. Thai law protects and governs these agreements under the Civil and Commercial Code.
At Benoit & Partners, we prepare and register prenuptial agreements in Thailand in strict compliance with the Civil and Commercial Code. We protect assets, allocate liabilities, and define financial arrangements that apply in cases of divorce, separation, or death. Our team drafts clear and enforceable terms, safeguards each spouse’s interests, and completes the proper registration at the time of marriage.
Table of Contents
Get expert legal guidance.
What is a prenuptial agreement in Thailand ?
A prenuptial agreement is a contract that a couple enters into before marriage or a civil union. People also refer to it as a premarital agreement. This formal agreement defines the legal rights and obligations of both parties regarding their property and debts and determines how they will separate assets in the event of a divorce in Thailand or the termination of the marriage. Thai courts recognize prenuptial agreements and regulate them under the Thai Civil and Commercial Code.
Prenuptial agreements serve several purposes, including protecting personal property acquired before marriage, clarifying assets and debts during marriage, and establishing intentions regarding property management within the marriage.
To enforce and execute a prenuptial agreement, the parties must satisfy specific conditions. First, both parties must give informed and mutual consent without fraud, coercion, or undue influence affecting the agreement. Second, each party must sign the contract in the presence of authorized officials. Finally, the parties must register the prenuptial agreement with the local amphoe (district office) at the time of marriage registration.
What are these purposes ?
In Thailand, a prenuptial agreement provides a legally enforceable contractual framework that governs the division of assets, debts, and other relevant matters in the event of divorce, separation, or death. It serves the following critical purposes:
- Asset protection: A prenuptial agreement allows individuals to protect assets that they acquired before marriage. It protects property rights over pre-marital assets and keeps them outside the scope of division in the event of divorce.
- Clarity and certainty:
A prenuptial agreement defines the rights and obligations of each spouse regarding assets and debts during the marriage. It gives both parties a clear understanding of their respective responsibilities and entitlements, which helps prevent future conflicts.
- Division of Property:A prenuptial agreement determines how the parties will divide assets and liabilities in the event of divorce or separation. It allows couples to allocate marital property and debts acquired during the marriage according to mutually agreed terms.
- Spousal Support: A prenuptial agreement may address alimony or spousal support. It allows married couples to define maintenance arrangements in advance, reducing uncertainty and potential disputes if the marriage ends.
- Protect the Children: If children are part of the union, a prenup can cover child-related matters. This might include the topic of child custody and visitation rights, as well as child-support payments. In summary, a prenuptial agreement in Thailand is a critical tool for a married couple’s financial future.
Get expert legal guidance.
How do you draft a prenuptial agreement in Thailand ?
Creating a prenuptial agreement under Thailand law includes several crucial stages that have to be taken to assure its validity and effectiveness.
Here are steps on how to create a prenuptial agreement in Thailand:
Seek legal advice: You should contact a professional lawyer in Thailand who specializes in family law. The lawyer will explain the various provisions of the agreement and ensure that it complies with the requirements of the Thai legal framework.
Discuss and negotiate: Both parties must openly discuss all terms and assets. They must negotiate and agree on the provisions of the prenuptial agreement.
Highlight the asset classification: assets can be defined as separate or marital. Separate property includes assets gained before the marriage or received by one of the parties as a gift. However, marital assets may be paid throughout the marriage, either in the form of joint funds or contributions.
Debt and liability concern: The parties must determine how they will handle pre-marital debts and liabilities. They must clearly identify which debts qualify as separate and which qualify as marital, and they must specify which party will assume responsibility.
Property division: The agreement must establish how the parties will divide assets upon divorce or the death of a spouse. It should include specific conditions or limitations governing distribution.
Spousal support or maintenance: The parties may decide whether to include provisions on spousal support. If they include such provisions, they must clearly define the conditions and duration of support.
Children : children’s custody, visitation time, and child support provisions shall also be considered. It is vital to assure it complies with Thailand family law.
Drafting: The parties must prepare the prenuptial agreement in writing and agree on all terms. The document must remain clear, precise, and comprehensive. Each party should seek legal advice during drafting.
Signing: The parties must sign the prenuptial agreement before the marriage registrar. They must register the agreement at the local Amphur office at the time of marriage registration to ensure its validity.
Regular monitoring and updating: The parties should review the agreement periodically with a lawyer and update it when necessary to ensure that it remains relevant and appropriate.
Each case requires an approach tailored to its specific circumstances. A competent lawyer can adapt the agreement to meet individual needs and ensure compliance with Thai and applicable international family law.
Conclusion
A prenuptial agreement in Thailand is not merely a precautionary document; it is a structured legal instrument governed by the Thai Civil and Commercial Code that provides clarity, security, and predictability for both spouses. It defines property rights, allocates liabilities, and establishes financial arrangements in advance, allowing couples to prevent uncertainty and reduce the risk of disputes in the event of divorce, separation, or death.
To ensure validity and enforceability, the parties must strictly comply with Thai legal requirements, including proper drafting, informed consent, and registration at the time of marriage. Because each situation involves unique financial, family, and sometimes international elements, couples should seek professional legal guidance to secure full protection and ensure compliance.
If you need further information, you may schedule an appointment with one of our lawyers.
FAQ
The Thai Civil and Commercial Code governs prenuptial agreements and sets the conditions for their validity and enforcement.
The parties must sign the agreement before registering the marriage and register it at the district office on the same day as the marriage registration.
It can define separate and marital property, allocate debts, regulate property management, and set terms for asset division in case of divorce or death.
Yes. It can clearly classify assets acquired before marriage as personal property and exclude them from division.
The agreement may include provisions regarding children, but Thai courts always decide custody and child support based on the child’s best interests.
A lawyer ensures the agreement complies with Thai law, protects both parties’ rights, and remains enforceable in court.