Prenuptial Agreement

Download this prenuptial agreement to define how assets and liabilities will be divided between two people before they get married in the event of divorce or separation.

Word Document (.docx)

Prenuptial agreement Thailand

Ready to use legal template

Drafted by experienced lawyers

Certified Thai-English translation

Ready to use legal template

Drafted by lawyers

Translated in Thai-English

Learn more about Prenuptial Agreement in Thailand

A Prenuptial Agreement in Thailand is a legal arrangement that allows couples to define the distribution of their assets and liabilities in the event of divorce or separation. This essential document provides clarity and security for both parties, ensuring a fair and transparent process during challenging times. At Themis Partner, we recognize the importance of a well-crafted Prenuptial Agreement and offer a convenient solution – an editable legal template meticulously drafted by experienced lawyers, fully compliant with Thai legal standards.

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Table of contents

What is a Prenuptial Agreement and why is it important?
Are Prenuptial Agreements enforced by Law in Thailand?
How does it protect assets and property rights?
Can foreigners in Thailand make a Prenuptial Agreement?
What does a Prenuptial Agreement include?
Is it possible to amend a Prenuptial Agreement after marriage?

What is a Prenuptial Agreement and why is it important?

A Prenuptial Agreement, commonly known as a prenup, is a legally binding contract signed by individuals before marriage. It outlines how assets, finances, and other matters will be handled in the event of divorce, separation, or a spouse’s death. Prenups are important for asset protection, financial clarity, debt allocation, spousal support, property division, and safeguarding family assets. They provide customized arrangements, conflict avoidance, legal certainty, and encourage open financial communication within marriages. Consultation with legal experts ensures a well-drafted and legally valid prenup that protects both parties’ interests and complies with relevant laws.

Are Prenuptial Agreements enforced by Law in Thailand?

Yes, Prenuptial Agreements are legally recognized and enforced by law in Thailand. The legal framework for prenups is provided under the Thai Civil and Commercial Code, specifically in Sections 1465 to 1470. Key points regarding the enforcement of prenuptial agreements in Thailand:

1. Voluntary Agreement: For a prenup to be valid, both parties must enter into the agreement voluntarily and without coercion.

2. In Writing: Prenups must be in writing and signed by both parties in the presence of at least two witnesses.

3. Contents: Prenups can cover a wide range of matters, including the division of assets, property, finances, debts, spousal support, and other related issues.

4. Limitations: Prenups cannot include provisions that violate public order or good morals. For example, agreements that incentivize divorce or unfairly disadvantage one party might not be upheld.

5. Registration: While it is not mandatory to register a prenup with a government authority, registration can provide additional evidence of its existence and terms.

6. Enforcement: Prenups are generally enforced by Thai courts as long as they meet the legal requirements and are not considered unfair or contrary to public policy.