Do You Need a Prenuptial Agreement in Thailand? When making a premarital agreement, it's best to consider the laws of Thailand and of your nationality. A prenup template is a good start.
Thai Marriage Prenuptial Agreements and Divorce: Division of assets upon divorce
Source: Divorce in Thailand
Thai Laws pertaining to marriage (smart divorcing in Thailand)
By listing each parties assets in a prenuptial agreement it could prevent unnecessary disputes over ownership of certain items in case the marriage is later dissolved. In a possible future divorce the parties do not have to prove what they brought in the marriage as this is listed in the prenuptial agreement. In this case it is possible to simply ignore a claim from the other spouse on personal property when the marriage ends in a divorce.
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. A 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.
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, meaning it has to be referred to a court instead of a simple divorce on mutual consent at the amphur in Thailand which requires only agreement between the parties.
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. A prenuptial agreement in Thailand cannot exclude the general statutory system of personal and common property between husband and wife. It is slightly unpredictable how the courts deal with arrangements on the division of properties made in a prenuptial agreement.
Samuiforsale provides general Thai legal information and law resources in English over the Internet. The information in Samuiforsale should be used as general Thai legal information in English but should not be treated as a substitute for specific legal advice concerning individual situations.