Marriage in Thailand: Pre-nuptial Agreements and Marriage Contracts

Although most people want to keep a romantic aura around marriage, a pre-nuptial agreement may be the stabilizing factor needed to ensure a strong relationship. Pre-nuptial agreements in Thailand are much like those in other countries, but with a few differences.

Pre-nuptial agreements in Thailand

Thailand is considered a community property jurisdiction meaning that any asset obtained by one spouse during the marriage belongs equally to both spouses.  A pre-nuptial agreement (also known as a premarital agreement) can set out the distribution of marital assets during and after a marriage. And although a pre-nuptial agreement cannot pre-determine custody of unborn children, it can set out obligations to help secure funds for caring for and educating future progeny.

It may seem cold-hearted to some; however, settling financial issues before marriage can lead to peace of mind during a marriage.

Unlike other countries, in Thailand a pre-nuptial agreement must be registered at the same time as the marriage at the local district office, otherwise, it is unenforceable.

Marriage contracts under Thai Law

Another reason to consider a pre-nuptial agreement is that contracts between spouses entered during a marriage can be voided by either spouse under Thai law. So, if a husband enters into an agreement with his wife after the marriage is registered, the wife or the husband can void the contract at any time during the marriage, and, in the case of divorce, up to one year after the marriage ends.

This means that a marriage contract, which may be common in other countries, can be problematic under Thai law.

GPS Legal can help with pre-nups and other family law issues

Whether you need a pre-nuptial agreement or you just want to discuss your options before you get married, the GPS Legal & Consulting team are here to help you work through this life decision.


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