Do You Need a Prenuptial Agreement: When Is It Necessary?

A prenuptial agreement in Thailand, also known as a prenup, represents a written agreement created by partners who wish to marry. This agreement lists the assets and debts of both parties and specifies what rights the parties possess to their properties and assets should their marriage end in divorce.

What are the Benefits of a Prenuptial Agreement in Thailand?

Typically, a prenuptial agreement provides a financial plan that can be managed during the course of a marriage or upon divorce. Doing so prevents major disputes, especially if the marriage dissolves. For couples with substantial holdings in property and assets, the document is very useful for avoiding confusion and costly legal issues.

Having a prenuptial agreement in force allows the division of assets to be managed fairly and quickly. It is also advantageous for couples of different nationalities who marry in Thailand. Getting a divorce recognized in more than one country is difficult and makes the division of property more difficult, even when both parties agree to the terms. A Thai prenuptial agreement is widely enforceable globally, so it can save the couple a lot of time and money.

Another key benefit of a prenup is how much stronger it is than other similar agreements. In some instances, a couple may agree to sign a postnuptial contract after their wedding takes place. However, in the Thai legal system, a postnuptial agreement usually will not hold much weight. It is far better to add a prenuptial agreement when you register the marriage. Any prenuptial agreement that is entered in the Thai language cannot be changed after a couple of weeks. Unless the court authorizes a change, the Thai prenup’s terms must be followed.

What Cannot be Included in a Prenuptial Agreement in Thailand?

You cannot design your agreement to suit your individual wishes or needs. For example, the following representations would be void if included in a Thai prenup:

• A clause that requires one spouse’s total salary be given to the other.
• Wording that dictates the agreement can be governed by statutes outside of Thailand.
• Wording that specifies each spouse’s debts. For instance, identifying a personal debt of both spouses to be a debt of one party, or an obligation of one party to be the debt of the other.
• A clause that specifies, in cases of separation, that any assets acquired during the separation are personally owned. (While this addendum is considered void in the Thai legal system, it may be valid under certain state laws in the US.)

Requirements for Prenuptial Agreements in Thailand

If you wish to enter into a prenuptial agreement under Thai law, you need to meet certain basic requirements when creating a prenuptial agreement. These requirements include the following stipulations:

• The agreement must be in writing.
• Each partner must be represented by their own attorney.
• The prenuptial agreement must be signed by each party with two witnesses, one from each side, who are both at least 18 years old.
• The prenuptial agreement must be registered at the same district office where the marriage is registered.
• The prenuptial agreement must be signed by both parties and their witnesses when the marriage is registered at the district office and must be entered into the record concurrently.

What is the Process of Obtaining a Prenuptial Agreement in Thailand?

In Thailand, the Thai Civil and Commercial Code is used to draft prenuptial agreements. Because of this, it is advised that you work with a prenuptial agreement lawyer in Thailand to assist you with drafting the agreement.

Culturally, in Thailand, prenups are important, as marriage serves to support couples financially and legally. That is why it is essential that you create a pre-wedding contract, especially if you are entering into a marriage with numerous assets and holdings. In most cases, a prenuptial agreement will contain provisions that guarantee a minimum yet fair share of a couple’s combined assets. Sometimes the allocation varies, depending on the length of the marriage.

Discuss the Prenuptial Agreement with Your Partner

While the choice of creating a prenuptial agreement is wise and practical, discussing the contract with your partner at first may feel awkward, if not comfortable. To protect both of your interests, you need to handle the topic with discretion and understanding. To communicate your thoughts along these lines, legal experts suggest clients do the following:

• Discuss the subject in private. Do not use a public venue to talk about this type of plan.
• Let your future spouse know that including the prenuptial agreement with your marriage certificate is just a part of financial planning – nothing more. Naturally, you don’t ever want to split. You are just taking your attorney’s advice, and adding the prenuptial agreement as part of the marriage registration process.
• Stay positive. Listen to your fiancé or fiancée with an open mind. Use reason over emotion when talking about the subject.
• Think of it like a first-aid kit. You never want to use it, but you also never want to be without it.

Better yet, you may want to schedule an appointment with a Thai family law attorney to further discuss the contract, explain your options, and answer any questions you may have.

Make Sure the Prenuptial Agreement is Legally Binding

After creating the prenuptial agreement, you should also secure the services of a notarial service lawyer in Thailand – someone in the legal profession who can do the following:

• Verify the authenticity of the document’s signatures
• Confirm the identity of each of the contract’s parties
• Administer any affirmations or oaths
• Ensure that certain documents have been attested and certified
• Witness the signing of the agreement

Because of international laws, couples who want their prenup to be enforceable globally may need to have notarized documents legalized at the country’s Ministry of Foreign Affairs.

Using the Prenuptial Agreement in a Divorce in Thailand

If your marriage does end in divorce, you can either choose to file an uncontested divorce or a contested divorce. An uncontested divorce is easier to file, as the process goes quicker and costs less. All that is required is a legal divorce agreement drafted by a lawyer and both parties’ mutual consent.

On the other hand, a contested divorce is handled in court. If a prenuptial agreement is used in this case, you can swiftly settle any problems with property disputes or disagreements about ownership. The same agreement can also support the filing of an uncontested divorce. When an uncontested divorce is filed, any conflict is kept to a minimum.

If you are a foreigner, you should consult with a Thailand divorce lawyer before you file a divorce, even an uncontested one. This is important, as not all countries will recognize this type of divorce, and you still need a legally acceptable divorce agreement.

Advice for Mixed or Cross-Cultural Marriages and Prenuptial Agreements

If you are a Thai/foreigner or foreign couple looking to get married in Thailand, it is advised that you seek legal counsel. It is vitally important that you do so as a foreigner, as you may overlook some items in the prenuptial agreement that are normally not done in your homeland. These items include:

• Common assets: If you don’t have a prenuptial agreement in place, all of the assets acquired when you are married will be equally divided. This same principle is applied to non-married couples who have lived together for a long time. If you are not married and have this type of living arrangement, you should talk to an attorney. They can draw up an agreement that can be used to divide your assets in case of a split in the relationship, even if it is not an official divorce.
  
• Assets acquired before the marriage: Theoretically, assets that were acquired before the marriage registration should belong to the rightful owner. However, things are not always that simple, especially if you end up getting divorced. If these assets increased in value over the course of the marriage, one party could claim that they are entitled to a share.
  
• Alimony: While the court usually will establish the alimony during a contested divorce settlement, you may be surprised by the outcome. It is always better to set these terms out beforehand.

Professional Assistance with Prenuptial Agreements in Thailand

If you’re looking to enter a prenuptial agreement before getting married in Thailand, retain the services of Siam Legal International. We are a full-service law firm with over 20 years of experience in helping both foreign and local clients with their legal needs, including prenuptial agreements and marriage registration. Our team will help you protect your assets and define your financial responsibilities, all the while ensuring that the prenuptial agreement complies with Thai law and is registered properly. 

We also provide wedding planning services in Thailand, handling everything from venue selection to event coordination and legal marriage registration. Whether you’re envisioning a beachfront ceremony or an elegant city event, we’ll make sure that your special day is stress-free and memorable.

To prepare for and start the next chapter of your life together, contact Siam Legal now to book a consultation!

Frequently Asked Questions About Prenuptial Agreements in Thailand

When do I need a prenuptial agreement in Thailand?

Having a prenuptial agreement in place is particularly important in the following scenarios:

• You have more money and assets than your partner.
• You earn more money than your fiancé or fiancée.
• You are remarrying and you have children from a previous marriage or own significant assets.
• The person you are marrying is coming into the marriage with a large amount of debt
• You own a business or part of a business.

What are the requirements for a valid prenuptial agreement in Thailand?

The agreement must be in writing, signed by both parties, and registered at the local district office along with the marriage registration. It should not violate Thai law or public morals.

Can a prenuptial agreement include provisions for child custody and support?

No, prenuptial agreements in Thailand cannot include provisions for child custody, child support, or parenting arrangements. If not agreed to in a divorce agreement, these matters are determined by the court based on the child’s best interests.

Can you modify or revoke a prenuptial agreement after marriage in Thailand?

No, a prenuptial agreement in Thailand cannot be modified or revoked after the marriage has been registered. Any changes would require court approval and could be challenged for legality.

Does a prenuptial agreement cover debts incurred during the marriage?

A prenuptial agreement can include provisions regarding debts, specifying how liabilities incurred during the marriage will be managed or divided if the relationship ends.

Please contact a family lawyer if you would like a prenuptial agreement drafted for you.