Source: Thai Laws pertaining to marriage and prenuptial agreements |
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Even though marriage laws in Thailand itself stipulates that personal property of each spouse remains personal property during the course of the marriage (Chapter IV, ‘Property of Husband and Wife’ section 1471 Civil and Commercial Code) a prenup in Thailand commonly lists personal assets of each spouse at the time of marriage.
Especially in North-Eastern Thailand (the Issan Province) many Thais believe that marriage entitles them to half of the assets the other spouse owns. Prenuptial agreements or pre-marriage contract could prevent unnecessary disputes in case a marriage is later dissolved.
In a possible future divorce the parties do not have to prove what is brought in the marriage and what personal property is as it is listed in the prenuptial agreement. In this case it is possible to simply walk away as there is no claim from the other spouse on personal property when the marriage ends in a divorce (read more about divorce in Thailand)
1 - The first benefit of a prenuptial agreement in Thailand lies in proof in case of a possible divorce and preventing disputes
Personal property is under Thai law referred to as is Sin Suan Tua, opposite jointly owned or marital property, which is under Thai law referred to as Sin Somros. The basic rule under Thai law is that all properties acquired during the course of the marriage will become jointly owned property regardless how the title is held. Control over these properties lies with both spouses jointly, unless the husband and wife have made a prenuptial agreement prior to their marriage. The prenuptial agreement may grant management of certain jointly owned property, as listed in section 1476 of the Civil and Commercial Code, to one of the spouses.
As section 1476 among others refers to real estate property it is important to realize that real estate in Thailand often will be held as a personal property of the Thai spouse ( read more in real estate and marriage). The aspect of management in a prenuptial does in any case not apply on land acquired in Thailand during the course of the marriage. |
2 - The second benefit of a pre-marriage or agreement prenuptial lies in the right to manage Thai marital property, even though real estate is generally excluded.
In a possible divorce in Thailand all properties (personal and jointly owned between husband and wife) must be taken out of the marriage. For personal property this should not be a problem as it is listed in the prenuptial agreement, unless it has been exchanged during the marriage for other property (i.e. this still remains personal property) but if there is a dispute about the fact if a property has become a marital property or a personal property under Thai marriage laws the division could become complicated. If the couple can't agree on their separation, division of property and the terms the divorce could become contested, which means it has to be referred to a court instead of a simple divorce on mutual consent at the amphur in Thailand which requires agreement.
To determine the valuation of property which consists out of personal and marital property is complex. The court has the discretion to value it based on individual circumstances and of course according to the laws of Thailand.
The prenuptial agreement can include possible division of properties, however as the concept of a prenuptial agreement is rather new the legal literature on prenuptial agreements is still underdeveloped. It is slightly unpredictable how the courts deal with arrangements on the division of properties made in a prenuptial agreement.
3- The third benefit of a prenuptial agreement is that it can state possible division of marital assets in case the marriage in Thailand is later dissolved.
We offer professionally completed and concisely drafted Pre-Nnuptial agreements in Thai and proper English for 9,800 THB, customized to your personal situation, including free email support and by an English speaking lawyer by phone for all provinces in Thailand.
Isaan Law Online is a website and service by Siam Expat Law Co., ltd. In addition to this page Thailand Law Online contains relevant and essential information pertaining to prenuptial agreements and Thai law. Siam Expat Law is a licensed foreign-Thai law firm located in Phuket, specializing in delivering online legal service for foreigners in Thailand. Do not hesitate to contact us for more information on our online family lawyer service.
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