A Thai prenuptial agreement, also called a premarital or ante-nuptial agreement in Thailand, is a legal document, signed by both parties before marriage in Thailand. Under Thai law the prenuptial commonly lists each party’s personal assets, and could give management of certain jointly owned marital property to one of the parties. It could also state potential division of jointly owned marital property if the marriage is later dissolved (at death or divorce).
Community and personal property under Thai marriage laws:
Under Thai marriage laws personal property of each spouse remains personal property of each spouse during the marriage. If personal property has is exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall remain personal property of that spouse.
Property acquired from income (income in the form of a salary) and fruits from personal property (any income derived there from) during the course of the marriage will become marital or jointly owned property between husband and wife (marital property means property between husband and wife pertaining to marriage or relating to marriage in Thailand). Marital or community property between husband and wife will, with some exceptions (property acquired by either spouse during marriage through a will or gift), consist out of all property acquired during the marriage, even if it is not titled in both names.
An official Thai marriage (opposite to a Buddhist ceremonial wedding) is an internationally recognized marriage and foreigners marrying in Thailand should in addition to legal advice locally in Thailand seek legal advice in his or her home country to assess the consequences of the marriage in their home country.
A prenuptial agreement in Thailand must be registered prior or at the time of marriage at the local amphur (district office) or the Civil and Commercial Code (sections 1465 to 1493) will describe the couples marital property regime.
