A prenuptial agreement in Thailand is a written agreement between two parties, the soon to be husband and wife, that list down the properties that each of them owns as well as provisions that contain the extent of rights they have on these properties in case they decide to end their marriage by means of divorce.
In some countries, this contract may be known as “antenuptial agreement” while on some, it is called a “premarital agreement.”
In Thailand, the prenuptial agreement gets its mandate from the Civil and Commercial Code.
For foreign nationals who are planning to execute a prenuptial agreement in the Kingdom, it is highly advisable for them to seek the advice of a reputable Thai lawyer, attorney or solicitor. Furthermore, seeking a lawyer (or law firm) with expertise with the applicable laws of Thailand and that of the draftees’ country of origin is highly recommended.
What are the requirements for prenuptial agreement?
The Civil and Commercial Code of Thailand provides for the satisfaction of several requirements in order to make the prenuptial agreement legal and executable:
- It must be in writing.
- Both individuals must have their own lawyers.
- Both parties must sign the agreement under the presence of at least two witnesses and this should be done prior to registration of marriage.
- It should be registered at the same district office where their marriage will also be registered.
Prenuptial Agreements in Other Countries
- United States – All of the country’s 50 states recognize prenuptial agreements that 26 states, since 1983, have enacted similar laws to the Uniform Premarital Agreement Act that forwards the enforcement of these agreements.
- United Kingdom – Prenuptial agreements are not binding according to UK law. Yet, in case of court battles, the provisions of the agreement may be scrutinized by the court prior to reaching a decision thus for UK citizens executing a prenuptial agreement with their Thai spouse in Thailand is still encouraged.
- European Union – Generally speaking, prenuptial agreements are accepted throughout Europe provided that they satisfy the applicable laws of these countries like France, Belgium and Germany.
- Australia – Prenuptial agreements are covered by the Family Law Act of 1975 wherein restrictions do apply.
- Thailand – As long as they adhere to the prescriptions set by the applicable law, a prenuptial agreement is enforceable in the Kingdom.
Process of Drafting a Prenuptial Agreement
Our full service law firm includes family law (marriage, prenuptial agreements and divorce) as one of its expertise. We do provide services related to drafting a specified prenuptial agreement such as:
- Checking the authenticity of signatures.
- Checking of the identities of the involved parties.
- Administer oaths and affirmations.
- Attest and certify some document classes.
- Act as witness when the parties sign their carefully drafted agreement.
Since Thailand is not among the signatories of the Hague Convention on Legalization of Foreign Public Documents, notarized documents may still have to have these authenticated at the Thai Ministry of Foreign Affairs or at the Embassy of the country where such documents will be submitted.