Is it beneficial to make a prenuptial agreement?

When you marry in Thailand (a marriage between a foreigner and a Thai) your marriage has an international dimension and you should obtain legal advice in the country where you plan to live after the marriage or where your main assets are located. There is no such thing as an international prenuptial agreement and you should consider the laws of both jurisdictions.

In a marriage different nationalities it is usually possible to make a choice of law and designate the applicable law that should be applied on the matrimonial property regime (a choice of jurisdictions in divorce). If you can choose the applicable law it must be made in the right form.

Thailand marriage laws

benefits of the prenuptial agreement in Thailand

When it comes to property of husband and wife (marital property) in Thailand the prenuptial agreement must comply with Thai law. You cannot include much in the prenup contrary Thai family and marriage laws, as section 1465 states: 'any clause in the prenuptial agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void'.

In Thai: ถ้าข้อความใดในสัญญาก่อนสมรสขัดต่อความสงบเรียบร้อยหรือศีลธรรม อันดีของประชาชน หรือระบุให้ใช้กฎหมายประเทศอื่นบังคับเรื่องทรัพย์สินนั้น ข้อความนั้น ๆ เป็นโมฆะ).

The benefits of a prenuptial in Thailand are:

1. Everything that is own before the marriage remains personal property during the course of the marriage (section 1471-1472). A prenuptial usually contains a list of personal assets. By listing each parties assets in a prenuptial agreement the couple could prevent unnecessary arguments over ownership of certain items in case the marriage is later dissolved.
2. A prenuptial agreement may grant sole management to one of spouses over jointly owned marital assets as listed in section 1476. The aspect of management of marital assets in a prenuptial does in any case not apply to personal assets, such as for example land acquired as a personal property of the Thai spouse.
3. The third benefit of a prenuptial agreement is that it can state possible division of assets in case the marriage is later dissolved, but if the couple can't agree on the division of property and the divorce is referred to a court, then a judge will divide the assets equally according to marriage laws governing property of husband and wife, and Thailand's divorce laws.

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