Pre-Nuptial Agreement

Prenuptial agreements are allowed in Thailand provided they meet the procedural requirements of Thai law. Generally, it is advisable to have a law office assist you with the preparation of a prenuptial agreement and the translation and legalization of such an agreement pursuant to Thai law. These prenuptial agreements are generally considered valid legal agreements in jurisdictions outside of Thailand . Although, litigation can be an unpredictable process and the laws of different countries may vary, it is always safer for persons with assets or significant property to have a prenuptial agreement.

A pre-nuptial agreement is void if it is not entered in the marriage register at the time of marriage registration. As well, to be enforceable it must be signed by both spouses and by at least two witnesses. The agreements can be either written on a separate sheet attached to the marriage register or made right on the page of the register itself. After the marriage, the pre-nuptial agreement can be altered by authorization of the court.

For couples who do not make a pre-nuptial agreement, Thai law stipulates that all marital property or sin somros will be divided equally on divorce. In the end, a pre-nuptial agreement is like any other contractual arrangement and is based on the relative bargaining power of each partner.