Prenuptial Agreement Thailand

Understanding the importance of a prenuptial agreement in Thailand is essential for protecting your assets and preventing drawn-out court battles. As Thai law typically favors locals, foreigners are often put at a disadvantage here, but getting a prenup strengthens your rights as a foreigner and lays out the groundwork on how property is divided when you and your Thai spouse separate. Therefore, to safeguard your property, it's important to understand what a prenuptial agreement is and how to sign one.

This page will explain what exactly a Thai prenup is, why you should get one, and how you can draft a legally binding prenup that will hold up in court.

What is a Thai Prenuptial Agreement?

A Thai prenuptial agreement is a legally binding contract signed between you and your Thai partner. It sets guidelines on how wealth, property, and other assets will be divided appropriately between you and your partner in case of a contested divorce. Having one will mitigate some of the problems that can arise after your marriage has been terminated.

Some things to keep in mind about a prenup in Thailand:

• You must acquire a Thai prenup before registering your marriage. Signing one after completing a marriage registration voids it. 
• It must be completed in writing which both parties can understand. So, you will likely need a Thai prenup and an English translation made by a certified translator in Thailand.
• You and your partner must register the prenuptial agreement at the Local District Office (also known as an “Amphur”) at the same time that you register your marriage. 
• Two witnesses (one from your side and another from your Thai partner) also need to be present when the prenup is being signed.*

*The witnesses can be anyone such as a family member or friend, provided they are at least 18 years old. However, when registering your marriage, you will need to appoint 2 different witnesses.

Benefits of a Prenuptial Agreement in Thailand

Prenuptial agreements are important not only because they protect your assets, but also help you and your spouse solidify your financial planning. This is especially important in Thailand because the law has strict rules on "marital property" that heavily favor Thai citizens in contested divorces.

The benefits of a prenup in Thailand include:

• Protecting against the loss of important assets and property.
• It grants you financial security as you will know exactly how much you will have upon termination of your marriage.
• Having a list of assets in the agreement makes distributing them easier and accelerates the separation process.
• It manages how joint-owned assets will be divided and specifies who will maintain ownership rights over it.
• You can ensure that you still retain ownership over any assets or property you receive before getting married.
• It prevents any disputes over personal or marital property and can eliminate the need for a contested divorce.
• If there are any debts, the agreement ensures they do not become a shared responsibility. 
• A prenup can simplify a divorce case by lowering additional litigation costs and reducing the time it takes to finalize it.

Do I Need a Lawyer to Draft My Prenup?

If you want to proceed with a prenuptial agreement, it is advisable to consult a family lawyer to draft the document. Having a lawyer ensures the agreement is created in adherence to the standards established by Thai law and they will also review the document to verify its legitimacy. The lawyer will also provide copies of the document in both English and Thai, which are needed if you want to register the agreement at the Local District Office (ideally at least 3 copies in each language are required).

It is not required to hire a lawyer to draft your prenuptial agreement, but it likely will not be legally binding or acceptable by Thai legal standards if written by anyone but a lawyer. Also, once the agreement is registered, there’s no changing it, so a lawyer will make sure all the bases are covered and there are no loopholes that will create trouble later on.

Required Documents

To complete a prenup without running into any problems, you and your Thai partner must gather the following items before registration:

• Passport/Thai ID card from both yourself and your Thai partner
• Passport/Thai ID card from both witnesses 
• A detailed list of assets and properties held between you and your Thai partner (this includes stocks, bonds, funds, cash, and intellectual property)
• A complete list of all the benefits you will receive while in Thailand (such as Social Security benefits)
• The prenup document itself, along with any certified translations

How to Sign a Prenup

To acquire a prenup, you need to complete 5 steps:

1. Both you and your spouse will need to collect all the required documentation.
2. Assign 1 person as a witness and ensure your spouse does the same.
3. Bring all documents and witnesses with you to your lawyer so they can review them to ensure they will be accepted.
4. You and your spouse will need to sign the prenuptial agreement in the presence of the lawyer and both witnesses.

If you want to change any of the terms in the agreement after this, now is the best time to do so. After the prenup has been recorded on your marriage certificate, you will need to get a court order to do so. However, getting consent from the Thai court is not easy, which is why it is recommended that you make any changes with the guidance of your attorney before registering your marriage.

After Signing a Prenuptial Agreement

Once you have finished signing this contract, you will receive a physical copy of it. You will need to bring the physical copy of your agreement to the Local District Office and provide it to them before registering your marriage. This will allow you and your spouse to register the prenuptial agreement with the Amphur. After successfully registering your marriage, the prenuptial agreement will be put into effect starting that day and will be attached to your marriage certificate.

Contact Siam Legal

Signing prenuptial agreements is complicated and requires a skilled eye to ensure that it is legally binding and does what you need it to do. So, if you want an iron-clad prenup that keeps your assets safe and streamlines your and your spouse’s financial future, contact the reputable Thai divorce lawyers at Siam Legal International.

Having operated for over 20 years, our team of experienced, bilingual family lawyers has the knowledge needed to help you draft a prenuptial agreement and ensure it meets Thai legal standards. We provide advice on how to list the protected assets, help you negotiate the terms that will be in the prenup with your spouse, and conduct a thorough review of your prenuptial agreement to review its legitimacy. With our lawyers by your side, you will be able to register your prenuptial agreement promptly and legally, ensuring no future complications or lost property.

Contact Siam Legal to start planning your prenup today.