FAQs Relating to Prenuptial Agreement in Thailand

What is a prenuptial agreement under Thai law?

A prenuptial agreement (prenup) is a written contract that outlines ownership of the properties and financial affairs of each spouse and is signed by both parties before marriage. It gives the couple the authority to decide how their personal and marital assets will be managed rather than relying solely on the default provisions of Thai law.

Is a prenuptial agreement legally recognized in Thailand?

Yes. A prenuptial agreement is deemed valid if it complies with legal requirements, such as being signed before marriage and registered with the District Office (Amphur) at the time of marriage registration.

Who needs a prenuptial agreement?

A prenup is useful for couples who want to protect their assets or define financial rights clearly. It is particularly advised if:

One or both partners own property or businesses before marriage
There is a significant difference in wealth or liabilities
One partner has a potential inheritance or an ongoing loan obligation
Foreign nationals will marry in Thailand and want clarity in the event of a divorce

What happens if there is no prenuptial agreement?

Under Thai law, marital property is normally divided equally between spouses in the absence of a prenup. This could include assets like income, real estate, cars, and business profits that were acquired during the marriage.

What makes a prenuptial agreement invalid in Thailand?

A prenup may be considered void if:

It is signed after the marriage has taken place
It is not registered with the marriage at the Amphur
One party signed under pressure, without understanding, or without consent
There are provisions in the contract that are against Thai public order or morality.

Can we include child custody in a prenuptial agreement?

Child custody, support, and parental responsibilities cannot be predetermined in a prenup. These matters are decided by the court at the time of separation, with the best interests of the child as the top priority.

Can it be changed after marriage?

No. A prenup cannot be modified once the marriage is registered. Any amendment requires a court order, so it is important to prepare the contract carefully before the wedding.

What assets can be included in a prenup?

A prenup may cover the following:

Properties owned before and during the marriage
Bank accounts, investments, stocks, and securities
Business shares and intellectual property
Debts and financial obligations
Division and management of marital assets

Do we need a lawyer to draft a prenup?

While not legally required, consulting a lawyer ensures that the prenup is correctly drafted, properly worded, and enforceable.

Need Assistance with Your Prenuptial Agreement in Thailand?

A well-written prenuptial agreement can give both parties peace of mind, safeguard your money, and lessen future disputes. For expert assistance and consultation, get in touch with Magna Carta Law Firm if you require legal advice, contract drafting, or review services.

Legal Disclaimer

This FAQ provides general information and does not constitute formal legal advice. Laws and procedures may vary based on the case. Always seek professional legal guidance for your specific situation.