PRENUPTIAL AGREEMENT THAILAND
(Pre-Nup/Ante-Nuptial/Premarital Agreement)
THAI PRENUPTIAL AGREEMENT /THAI and ENGLISH PRENUPTIAL AGREEMENT

The Thai Prenuptial Agreement is a legally binding agreement between future husband and wife in the event of unforeseen termination of marriage agreed to before marriage registration.

The Prenuptial Agreement is not only for the “rich.” The Prenuptial Agreement takes care of the “what if.” A Prenuptial Agreement can take the stress/worry out of the relationship so you can enjoy your marriage. The Prenuptial Agreement will protect your personal/business assets, heirlooms, and also your future. The Prenuptial Agreement also protects you from your future partner’s debts. The Prenuptial Agreement is prepared so that both parties are clear about what will happen if the marriage does not last forever. It sets everything in agreement to prevent lengthy, drawn-out divorce proceedings. The Prenuptial Agreement also addresses the needs of existing and future child/children custody and support and property/assets acquired during the marriage.

The Prenuptial Agreement is Prepared in Thai and English (or other desired language for an additional fee) so that it can be submitted for consideration in the event of divorce abroad. The Kingdom of Thailand is NOT a signatory of the Hague Convention (Legalization of Foreign Public Documents), so a Prenuptial Agreement is not “legally binding” per-say in all countries; however, it is generally taken into account and considered by the courts throughout the world.

If you have any questions or if you are ready to begin preparing your Thai Prenuptial agreement, complete the form below.

Getting married in Thailand? A prenuptial agreement, also known as a premarital or ante-nuptial contract, is highly recommended to protect your assets and future. Here’s what to know about Thai prenups.

What is a Thai Prenuptial Agreement?

A Thai prenuptial agreement is a legally binding contract signed by a couple before marriage in Thailand. It outlines what will happen to property, assets, debts, and other financial matters if the marriage ends in divorce or death.

Who Needs a Prenuptial Agreement in Thailand?

Prenups are not just for the ultra-wealthy. A prenup can give peace of mind to any soon-to-be married couple in Thailand, including:

  • Those with considerable personal assets they want to protect
  • Those with children from previous relationships
  • Business owners who want to avoid company assets being deemed marital property
  • Partners with major debts or liabilities
  • Foreigners concerned about rights in their home countries
  • Anyone wanting to plan ahead for the worst-case scenario

Benefits of a Thai Prenuptial Agreement

There are many advantages to creating a premarital contract in Thailand:

  • Defines separate vs shared property and assets
  • Avoids prolonged disputes if divorce occurs
  • Sets clear spousal support and alimony terms
  • Specifies inheritance and pension rights
  • Outlines debt obligations and liability
  • Covers child custody, support, and visitation
  • Allows you to enjoy marriage without financial worries
  • Can be customized to your unique situation

What is Typically Included in a Thai Prenup?

While each prenup is tailored to a couple, common sections may cover:

  • Asset division – Separate, marital, community property
  • Spousal support waivers
  • Debt responsibility – Existing and future
  • Inheritance and pension distribution
  • Healthcare and insurance benefits
  • Child custody arrangement
  • Child support amounts and education funds
  • Property rights – Real estate, businesses, etc.
  • Handling bankruptcy if it arises
  • Documenting gifts and family heirlooms

How Much Does a Prenup Cost in Thailand?

Attorney fees to draft a prenuptial agreement in Thailand typically range from 30,000 to 60,000 THB ($900 to $1800 USD). Cost varies based on the complexity of assets involved.

Can a Thai Prenup be Enforced in Other Countries?

The best practice is to also register your Thai prenup in your home country, if applicable. While not an ironclad guarantee globally, having an agreement in both countries strengthens enforceability. Many countries will honor prenups within reason if created fairly and ethically.

Ready to Protect Your Future?

Don’t let divorce derail your financial stability. Contact a legal professional to create your Thai prenuptial agreement today. With a prenup in place, you can happily marry with confidence in Thailand!

FAQ for prenuptial agreement in Thailand

What is a prenuptial agreement in Thailand?

A prenuptial agreement is a contract signed before marriage that determines financial obligations if the marriage ends in divorce or death. It aims to protect assets and avoid disputes.

When should I get a prenup in Thailand?

You should arrange a prenup as soon as you decide to marry, before registering your marriage in Thailand. This ensures it is valid and enforceable.

Can a Thai prenup protect assets in my home country?

While not guaranteed, courts in other countries will often consider and enforce a Thai prenup, especially if you also register it in your home country.

What happens if I don’t get a prenup before marrying in Thailand?

Your assets would be divided according to default Thai laws, which may not be favorable if you divorce. A prenup lets you control the terms.

Can a prenup determine child custody and support in Thailand?

Yes, a Thai prenup usually includes clauses about child custody, visitation, and support to be paid by each parent.

Can I write my own prenup in Thailand or do I need a lawyer?

It’s highly recommended to hire a qualified Thai lawyer to ensure your agreement abides by laws and is enforceable.

What details should I have ready when meeting my lawyer about a Thai prenup?

Come prepared with detailed lists of all your individual and shared assets, account info, debts, etc. to include in your prenup.

Are prenups only for the wealthy in Thailand?

No, prenups can benefit any couple getting married in Thailand. Anyone with assets, debts, or children should consider one.

Can my Thai prenup be amended later if circumstances change?

Yes, a prenup can be revised with consent from both spouses. Life changes like having kids often warrant updates.

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