Prenuptial agreement, commonly referred to as a prenup, is a written contract put together by couples prior to marriage (presence of two witnesses is required). It contains a list of personal properties and belongings of each partner as well as specifications of their rights after the marriage.
Should the marriage not withstand the test of time, the married couple with the prenuptial agreement in place will avoid quarrels and difficulties when it comes to dividing pre-marital property. On the other hand, the Thai Civil and Commercial Code stipulates that where the husband and wife have not, prior to their marriage, concluded a prenuptial agreement concerning their properties, the following shall be considered as joint or marital assets of the couple (Sin Somros):
- Property acquired during marriage
- Property acquired by either spouse during marriage through a will of gift made in writing if it is declared by such will or document of gift to be Sin Somros
- Fruits of personal assets (Sin Suan Tua)
Invalidation and Alternation
The prenuptial agreement in Thailand will be considered void if:
- It is not provided to the district officer at the time of marriage registration
- It is not made in writing and signed by both spouses before at least two witnesses
Therefore, you should contact Umpire Legal for assistance in drafting your prenuptial agreement before the date on which you schedule your marriage registration at the District Office. After the marriage, the prenuptial agreement cannot be altered except by authorisation of the Court. It is wiser to have your agreement drafted for your protection in the event that there is a disagreement between the spouses regarding properties in the future.