The matrimonial property regime in a Thai marriage is primarily governed by the chapter 'property between husband and wife' and optional a prenuptial agreement. The prenuptial agreement governs separate assets of the spouses and management over matrimonial property in a Thai marriage. Prenuptial in Thailand is an allowed contract and is a valid contract between husband and wife as long as:
Independent legal advice for husband and wife is not required for making a valid prenuptial agreement under Thai law, however when a valid prenuptial agreement has been made the family courts in Thailand will have to determine the enforceability of the clauses in the prenuptial contract in a contested divorce. Any clauses in the agreement made against good morals or the law in the opinion of the court are null and void and not enforceable by legal action in Thailand. What husband and wife can agree upon in a Thai prenuptial agreement is limited and generally the system of property of husband and wife (as laid down in the Civil and Commercial Code) is considered of public order (these are basically mandatory rules from which husband and wife have no freedom to derogate).
Our Thai English language template prenuptial agreement drafted under Thai law with a choice of law for Thai law is ideal to have your rights and current assets in writing. It arranges management over assets and will prevent any unjustified claims by the other spouse on personal property in a divorce. This complete lawyer drafted contract template is sufficient for most couples planning to marry in Thailand.
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