May 27, 2018

Thailand Prenuptial Agreement Law

Thailand Prenuptial Agreement Law in Thailand:  Basic Concepts

A prenuptial agreement (also known as “premarital agreements or contracts”) set out rules and procedures to follow during a married couples divorce.  Prenuptial agreement may also control how finances are controlled during a marriage as well.   Not all legal jurisdictions allow and enforce prenuptial agreements, Thailand is one of the jurisdictions that does allow and enforce lawful prenuptial agreements.  Nevertheless, to be lawful, Thailand requires prenuptial agreements to meet certain requirements.

In Thailand, as well as most other jurisdictions, address financial issues but not child custody. For marriages registered in Thailand, prenuptial agreements must conform to Thailand law.  Therefore, in general you cannot use a foreign prenuptial agreement if you register your marriage in Thailand.  Or, more precisely, you cannot enforce a foreign prenuptial agreement in Thailand courts if your marriage is registered in Thailand.

Special Features of Thailand Prenuptial Agreements

Thailand law regarding prenuptial agreements requires that prenuptial agreements for Thailand marriage registrations must conform to Thailand law.  In many Western jurisdictions a prenuptial agreement is a private agreement exchanged between the Parties and is not registered with the government registrar.

Additionally, Thailand lacks some of the stringent due process requirements that many Western jurisdictions adhere to.  Many Western jurisdictions require that spouses have separate attorneys, that the agreements are “fair and reasonable” and that there be a “cooling- off period” between the date of signing the premarital agreement and the date of the marriage.  Western jurisdictions also may require a disclosure of assets by each prospective spouse to the other (based on the theory you cannot waive an interest in an asset that you that you are not aware of of). Thailand law, however, does not require these due process safeguards.

Alimony or maintenance in Western jurisdictions may be waived by the spouses in many Western jurisdictions.  Thailand law, on the other hand, states that alimony or spousal maintenance cannot be waived in a prenuptial agreement.

Procedure for Thailand Prenuptial Registration in International Marriages

For spouses who marry in Thailand but reside in different jurisdictions need to plan prenuptial agreements carefully.  This is because a prenuptial agreement may not conform to the laws of all jurisdictions involved.  Knowledge of the legal systems of the different jurisdictions needs to be understood.  If concepts can be transferred from a foreign jurisdictions to a Thailand prenuptial agreement that may solve many enforcement issues.  Sometimes a better strategy is different prenuptial agreements for difference jurisdictions.

 

Thailand Family Lawyers

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