Prenuptial Agreement in Thailand
Do you or your future wife or husband have significant assets or significant debts? If so, you may want to get a prenuptial agreement in Thailand. TFL can assist in drafting a watertight prenuptial agreement, also referred to as a prenup or pre-nup. This page has been written in a simple question and answer or FAQ format to make it easy to find useful information on the prenuptial agreement in Thailand.
What Is a Prenuptial Agreement in Thailand?
A prenuptial agreement in Thailand is a contract signed between soon-to-be husband and wife detailing who gets to keep the assets going into a marriage and who has to take care of the debts and other liabilities.
Why Should I Get a Prenup in Thailand?
You might want to consider a prenup in Thailand if you have significant assets (more than 1 million Thai baht, for example) in Thailand, in your home country, or in a third country such as Singapore, Hong Kong, or other. You also might want to get a prenup in Thailand if your partner has significant debts that you might then be liable for.
What Is the Relevant Source of Law for Prenuptial Agreements in Thailand?
There are many laws in the Kingdom of Thailand, but the relevant source of law for prenuptial agreements is the Civil and Commercial Code of Thailand.
How Do I Make a Prenup in Thailand?
Firstly, you should contact TFL or other capable and experienced law firm in Thailand. We can advise on the best way to approach the prenup in Thailand, as well as the elements of the agreement that need to be made in order for the prenup to be a valid and legal document.
Can a Prenuptial Agreement in Thailand Protect My Assets Outside Thailand?
Yes. We know of many cases where an angry ex-spouse has engaged a solicitor in the UK or an attorney in the US to go after assets and seek alimony and child support payments based on a foreigner’s assets in his or her home country. If you have significant assets in your home country, or even if you expect to inherit a house or land in your home country, you should have a solid prenuptial agreement in Thailand.
Can a Verbal Prenup Be Used in Thailand?
It is highly unlikely that a family or civil court in Thailand will recognise an alleged verbal prenuptial agreement in Thailand, so it is necessary to have a written agreement.
What Does a Prenuptial Agreement in Thailand look like?
The prenuptial agreement in Thailand is a document that is typed in the languages of the two potential spouses, which would usually be in English and Thai languages. In order to make the prenuptial agreement legal, both the future husband and the future wife should have independent lawyers advising them. TFL can provide an independent Thai lawyer for your future spouse should you need this.
Do I Need Witnesses for My Prenup?
Yes, it is always best to have at least two witnesses sign the prenuptial agreement. The witnesses can be Thai or foreign, as long as they have valid identification documents.
Do I Need to Register My Thai Prenup?
Yes, it is best to register this in 2 places. Firstly, you should register it at the local district office as we referenced in our page “Getting Married in Thailand” on the TFL website. Secondly, you should register a copy of the Thai prenup with TFL, in case of any future dispute that arises.
I Am a Citizen of the United Kingdom (UK); Can I Make a Prenuptial Agreement?
Yes, you can for all assets in Thailand. For assets in the UK, whilst the family courts in the UK may not completely recognise a prenuptial agreement made in Thailand for assets in the UK, it will be considered. Thus, it is always best to make a prenuptial agreement here in Thailand even for assets in the UK.
Both of Us Are Thai Citizens; Can We Make a Prenuptial Agreement?
Yes, you can.
I Am an Australian Citizen; Can I Make a Prenuptial Agreement?
Yes, you can for assets in Thailand. Keep in mind that the prenuptial agreement would also need to be valid according to the relevant sources of Australian law, including the Family Law Act, especially for assets in Australia.
I Am a Citizen of the European Union (EU); Can I Make a Prenuptial Agreement?
Yes, you can for assets in Thailand. Of course please refer to the relevant family laws of your home country in the EU for assets in the EU.
I Am an American Citizen; Can I Make a Prenuptial Agreement?
Yes, you can for assets in Thailand. For assets in the USA, prenuptial agreements are recognized for assets in the USA as well. You may want to consider possible alimony and child support payments in the United States as well. Finally, it is strongly recommended to have a prenup for all assets, both in Thailand and in the US.
I Still Have Questions about Prenuptial Agreements in Thailand. What Should I Do?
Please contact TFL with any questions or email us at info@thailandfamilylaw.com
