Prenuptial Agreement in Thailand: Key Points
The prenuptial agreement in Thailand, also known as an ante-nuptial agreement, is governed by Sections 1465–1469 of the country’s Civil and Commercial Code. If the spouses have not entered into a special agreement regarding their property before marriage, their property relations are governed by law. Thai legislation does not allow for the conclusion of a prenuptial agreement after marriage.
Provisions of the prenuptial agreement that contradict public order or morals, or stipulate that the property relations of the spouses will be governed by foreign law, are invalid.
Form of the Prenuptial Agreement in Thailand
For a prenuptial agreement in Thailand to be valid, it must be in writing, signed by both spouses and at least two witnesses, entered into the official register upon marriage registration, and attached to the record in the register.
Changing the Prenuptial Agreement
Altering the prenuptial agreement after the official marriage registration can only be done through the court. The court must inform the marriage registrar if it decides to amend or terminate the agreement. This is required for the official registration of changes and their entry into the register.
Spousal Property Regime in Thailand
In the absence of a prenuptial agreement regarding property acquired before or during marriage, the legal regime established by Thai legislation applies.
In a Thai marriage, the property is divided into two categories:
- Personal Property (Sin Suan Tua): includes property owned by each spouse before marriage, personal use items, clothing, jewelry, work tools, and property acquired during marriage by inheritance or gift, as well as the dowry (gift to the bride at engagement).
- Marital Property (Sin Somros): includes property acquired during marriage, property received by inheritance or gift, if declared joint, and income from personal property. In case of doubt, the property is considered marital.
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