Prenuptial Agreements in Thailand

Prenuptial Agreements in Thailand

Secure Your Future: Expert Prenuptial Agreements in Thailand 

Marriage is a profound commitment, and entering into a union with full transparency and foresight is the foundation of a strong relationship. At Anglo Siam Legal, we specialise in drafting comprehensive Prenuptial Agreements in Thailandthat offer clarity, protection, and peace of mind to both partners. Under Thai Family Law, a prenuptial agreement is a critical written contract designed to safeguard each party’s assets and financial interests both during the marriage and in the event of death or divorce.

The Essential Requirements of a Thai Prenuptial Agreement

To be legally valid and enforceable under Thai law, the prenuptial agreement must strictly adhere to the requirements set out in the Civil and Commercial Code of Thailand. Key requirements include:

1. Written Form: It must be a formal, written contract.
2. Bilingual Drafting: The agreement must be drafted in both Thai and English (or the native language of the parties, alongside Thai) to ensure mutual understanding.
3. Registration: The agreement must be signed and registered at the same district office, on the same date, and at the same time the marriage registration takes place. Failure to register the document alongside the marriage renders the agreement potentially invalid.
4. No Contravention of Law: As per Section 1465 of the Civil and Commercial Code of Thailand, any clause that is contrary to public order or good morals, or that dictates the relationship between property be governed by a foreign law, shall be void.

Defining and Protecting Your Assets and Debts

A Thai Prenuptial Agreement serves as a critical financial document, clearly documenting the financial standing of each party prior to the marriage. It normally defines:

• Pre-Marital Property: What property, assets, and valuables each party owns before the marriage, whether located in Thailand or overseas, which will remain their separate property (Sin Suan Tua).
• Existing Debt: Any existing debts each party brings into the marriage.
• Management of Assets: How assets and finances will be managed during the marriage.
• Division in Divorce or Death: The respective property rights and obligations of the parties in the unfortunate event of divorce or dissolution of the marriage.

This agreement establishes which assets will be considered common property (Sin Somros, subject to the standard 50/50 split if no agreement exists) and which will remain personal property in the future.

The Consequences of Not Having an Agreement

If the husband and wife have not concluded a special agreement concerning their properties previous to their marriage, the financial relationship between them will be strictly governed by the standard provisions of the Civil and Commercial Code (Section 1465). This defaults to a 50/50 split of all marital property (Sin Somros) acquired during the marriage, regardless of individual financial contributions or effort. A prenuptial agreement allows you to override this statutory default split in a legally permissible manner.

Comprehensive Provisions for a Smooth Future

Prenuptial agreements are commonplace in Thailand because they are a proactive tool for preventing disputes. By openly discussing and agreeing upon the division of assets prior to marriage, the agreement paves the way for a much smoother, less contentious division of assets should a divorce occur later.

Our tailor-drafted agreements, which typically run between 12 and 20 pages (written in both Thai and English), also include provisions that can:

• Protect Dependents: Stipulate the arrangements for the disbursement of a party’s personal property, which is crucial for protecting the interests of other dependents, such as children from a previous marriage or parents.
• Outline Maintenance: Make provisions for child and spousal support (maintenance) should the marriage end in divorce, thereby avoiding further emotional and financial strain during a difficult time.

Why Choose Anglo Siam Legal?

Anglo Siam Legal has been providing expert legal services for overseas nationals and expatriates in Thailand since 2006. Our Family Law department professionals have extensive, proven experience in drafting thousands of premarital agreements, each tailor-drafted to the specific needs and specifications of the individual client.

We provide essential advice from a Thailand Family Lawyer familiar with the nuances of the Civil and Commercial Code. This expertise ensures that every requirement is correctly addressed, guaranteeing the legality and enforceability of the agreement.

• Expert Tailor-Drafting: We draft customised agreements, not generic templates, to meet your unique circumstances and requirements under Thai law.
• Bilingual Assurance: Every document is provided in Thai and English to ensure full comprehension and compliance for registration.
• Experienced Counsel: Our longevity in the market since 2006 provides unparalleled experience in navigating international and Thai property matters within a marital context.

Cost and Process

We offer the highest level of expert service in drafting and reviewing your prenuptial agreement.

The cost of our tailor-drafted, bilingual agreement is Baht 10,000.

Once we receive all relevant information and instructions from you, a first draft usually takes approximately 5 working days to complete.

When it comes to securing your future and protecting your assets, informed action is the best defence. Contact Anglo Siam Legal today to protect your position under Thai Family Law.

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Not in Pattaya why not contact our sister firm Isaan lawyers www.isaanlawyers.com