Thailand Prenuptial Agreement

Thailand Prenuptial Agreement

Every couple who ties the knot wishes that the marriage would last forever. Unfortunately, it does not always happen. When couples divorce, custody battles and conflict over division and distribution of properties can become ugly and costly. With an interracial couple, things may even be more complicated. To avoid this kind of situation, unromantic as it may seem, a couple about to get married may want to consider creating a prenuptial agreement.

A prenuptial agreement or “prenup”, is a written contract between two individuals before getting married. It lists down all the properties each person owns (including debts if any) and what the arrangements pertaining to these will be in case the marriage is dissolved.

In Thailand, a prenuptial agreement must conform to the Civil and Commercial Code of the land. When the contract involves a Thai national and a foreigner, it must comply with certain conditions not only to ensure its validity but also to protect both parties from prejudice.

With interracial couples, legal and technical conflicts may arise with two sets of laws from two different countries at play. In some countries, prenuptial agreements are not recognized while in others, the requirements are not the same as a Thailand Prenuptial Agreement. This is the reason why it is very important to seek the assistance of a legal expert who not only knows the laws of Thailand but likewise the applicable International Laws and Principles.

Siam Legal is an established law firm in Thailand that specializes in family law or legal matters pertaining to Thailand marriage registration, Thai prenuptial agreements and divorce in Thailand. Its highly competent lawyers are experts in creating prenuptial agreements in Thailand. They have assisted many foreign nationals and their Thai fiancé or fiancées in drafting prenuptial agreements that cater to their specific needs.

A prenuptial agreement offers the following benefits:

1. It ensures the protection of each of the two parties’ respective properties by specifying beforehand how these will be disposed of, divided, transferred from one spouse to the other, or whether they will be considered as joint or separate properties.

2. It protects business assets by requiring a spouse to waive all rights to the owner-spouse’s interest in the business should the couple divorce or if one of them dies.

3. It protects one spouse from the other spouse’s debts. In cases where one spouse incurs debts before marriage, the debtor spouse can waive any claims to the other spouse’s assets thereby protecting them from his or her creditors.

4. It ensures that the children of a previous marriage and the upcoming marriage would be given financial support.

5. It keeps the ownership of family businesses and assets within bloodlines by not giving the new spouse any right to make claims on these assets.

6. It helps avoid or at least minimize the possibility of the spouses having to go through a legal battle over property and or custody issues thereby also sparing them from the expenses involved when dealing with such matters in court.

Although separation is the last thing on an engaged couple’s minds, it is still best to be legally prepared for its possibility. Signing a prenuptial agreement does not mean that a marriage is doomed to fail, it’s just another way of making sure each spouse is well taken care of even after the marriage is over.


Marriage does not last forever. It terminates with either death or divorce. Today, with the incidence of divorce on the rise and an increasing number of divorced persons remarrying, prenuptial agreements may become the rule, rather than the exception. Prenuptial agreements are becoming increasingly acceptable by jurisdictions whose courts are crowded with divorce cases and are looking for ways to reduce litigation.