Thai Prenuptial Agreements
Prenuptial agreements in Thailand are not very common. This is about Thai prenuptial agreements in Thailand. This is mainly because Thai law does not place community of property at the same level as in the West. Note that many expatriates still make use of prenuptial agreements in the event that they leave Thailand with their Thai wife and move back to the West. There a prenuptial agreement would be needed in the event of a divorce as Thai law is no longer applicable.
Thai Prenuptial Agreements
Property in a Thai Marriage:
Real Estate in Thailand during marriage is divided into two separate categories according to Thai law. These are Sin Suan Tua (Private Property) and Sin Somros (Community of Property). The listing below is how the law views the type of property.
Sin Suan Tua (Private Property):
- – Property you owned before marriage;
- – Tools for your profession;
- – Property you received during marriage for you only and not as a couple;
- – Engagement gifts.
Sin Somros (Community of Property):
- – Property you bought during the course of the marriage;
- – All gifts given to you as a couple and not individually;
- – Fruits of the private property;
If you are not certain then speak to an attorney at a Thai law firm for assistance. In Thailand the debts are seen as being joint debt if both parties had consented to the debt or in the event that the debt was incurred by way of maintaining the household or even the joint debt of a jointly owned business which is owned by you and your wife. The major problem for foreigners is that property owned before marriage normally ends in litigation back in their home country. The prenuptial agreement will limit the amount of losses you could occur during this process.
Note also that the prenuptial agreement drafted in Thailand needs to be signed by both parties with two competent witnesses to the signing of the agreement. Don’t however forget that your Thai fiancée also needs independent legal advice before she signs or during the divorce she will say that she had no idea what she was signing. The other law firm who explained it to her has to provide written proof that it was explained to her. The Thai prenuptial agreements can become complicated.
Drafting a prenuptial agreement in Thailand is very difficult as it has to comply with Thai law as well as the laws of your home country. This can be very difficult to draft as a standard agreement will not suffice in Thailand to cover both your home country and Thailand itself. What makes the prenuptial agreement legal?
- – It may not contain any clauses which are impossible, against public order or good morals; or
- – It may not contain a clause which provides for a foreign law to be applicable; or
- – It must be made in writing with witnesses; and
- – It must have been registered at the same time as the marriage.
Speak to a lawyer in Phuket for more information and assistance and also search this website for more information on getting married in Thailand and also your visa options. Always speak about Thai prenuptial agreements.
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