The Thai Civil and Commercial Code stipulates that where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties known as the Prenuptial Agreement, the following shall be considered as joint 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) which include property belonging to either spouse before marriage, property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse, property acquired by either spouse during marriage through a will or gift and the betrothal gifts.
The Prenuptial Agreement in Thailand will be considered void if it is not provided to the district officer at the time of marriage registration; or if not made in writing and signed by both spouses and 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 authorization 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.