These are some of the most common questions about a prenuptial agreement in Thailand. Note that this is not a full list but the most common questions and misunderstandings about the laws of Thailand and how best to understand them. If you need more information or have any questions then speak to a lawyer for advice and guidance as this website is merely a guide and it does not substitute for legal advice.
Speak to an attorney in Thailand for advice if you are getting married and need to have a prenuptial agreement done for your marriage.
Is a prenuptial agreement needed?
No, you don’t need a prenuptial agreement in Thailand much like you will never need accident insurance. You don’t need one unless you have property or other assets to lose. This is the hallmark of the prenuptial agreement. You want to ensure protection against the loss of assets while alive but also at death. If you have a house, flat or other property in Thailand or at home or you earn a large salary then a prenuptial agreement would be a highly recommended option.
How is property viewed in the prenuptial agreement?
There are two types of property in Thai family law. There is common property and also private/personal property. The courts view the property as explained on this website (See: Prenuptial Agreement Benefits).
Is the prenuptial agreement valid only in Thailand?
You will have to find a law firm who employs foreign lawyers in order to have a properly drafted prenuptial agreement done. This has to be drafted to fit both Thai law and the laws of your home country. Prenuptial agreements for Americans are very difficult to draft as the States have slightly different laws to each other in the US. See legal advice about your prenuptial agreement if you are from the US as you have to tell them in which State you live.
What can’t you place in a prenuptial agreement?
You can’t place anything illegal both local and foreign or place provisions into the agreement that is unfair or morally reprehensible. You can’t place a provision in there that unless your wife dresses up like a duck ever Monday she can’t get the apartment. You cannot un-adopt the child you have adopted or leave an assets to your wife on condition that she murders her mother. These are illegal, unfair and morally reprehensible.
Can I register a prenuptial agreement after the marriage registration?
No this needs to be registered at the same time as the marriage. Normally people who want a prenuptial agreement in Thailand will use an attorney to do everything for them including registering their marriage and applying for a visa in the correct order. If you are already married then you will have to speak to an attorney as you can no longer register a pre-nuptial agreement.
What is the divorce rate in Thailand?
The Thai legal system does not keep stats on foreigner who get divorced in Thailand however an article in the Bangkok Post 4 years ago gave insight into the divorce rates of foreigners in Issaan which was very high for Thailand. Foreign marriage normally have more conflicts and the number 1 reason in Issaan had been disputes about money and property between husband and wife and her family members.
Speak to an attorney about a prenuptial agreement. It will save you money in the long run.
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