Benefits of a Prenuptial Agreement in Thailand

Even though Thai marriage laws itself stipulates that personal property of each spouse remains personal property during the course of the marriage (Chapter V, ‘Property of Husband and Wife’ section 1471 Civil and Commercial Code) a prenuptial agreement in Thailand commonly lists personal assets of each spouse at the time of marriage.

Especially in North-Eastern Thailand (the Issan Province) many Thais believe that marriage entitles them to half of the assets the other spouse owns. 'Agreement Prenuptial' or pre-mariage agreement could prevent unnessesary disputes in case a marriage is later dissolved. In a possible future divorce the parties do not have to prove what is brought in the marriage and what is personal property as it is listed in the prenuptial agreement. In this case it is possible to simply walk as there is no claim from the other spouse on each personal property when the marriage ends in a divorce (read more about divoce in Thailand)

1 - The first benefit of a prenuptial agreement in Thailand lies in proof in case of a possible divorce and preventing disputes

Personal property is under Thai law referred to as is Sin Suan Tua, opposite jointly owned or marital property, which is under Thai law referred to as Sin Somros. The basic rule under Thai law is that all properties acquired during the course of the marriage will become jointly owned property regardsless how the title is held. Control over these properties lies with both spouses jointly, unless the husband and wife have made a prenuptial agreement prior to their marriage. The prenuptial agreement may grant management of certain jointly owned property, as listed in section 1476 of the Civil and Commercial Code, to one of the spouses.
As section 1476 among others refers to real estate property. It is however important to realize that when real estate is bought the property will be held as a personal property of the Thai spouse. The aspect of management in a prenuptial does not apply on land acquired during the course of the marriage Read More in Real Estate and Marriage.

2 - The second benefit of a pre-marriage or agreement prenuptial lies in the right to manage marital property, even though real estate is generally excluded.

In a possible divorce in Thailand all properties (personal and jointly owned between husband and wife) must be taken out of the marriage. For personal property this should not be a problem as it is listed in the prenuptial agreement, uless it has been exchanged during the marriage for other property (i.e. this remains personal property) but there is a dispute if the property has become a marital property, instead of a personal property of the other spouse. If the couple can't agree on their separation and terms of the divorce and division of property the divorce could become contested which means it has to be referred to a court, instead of a simple divorce on mutual consent at the amphur in Thailand which requires agreement.

To determine the valuation of property which consist out of personal and marital property is complex. The court has the discretion to value it based on individual circumstances and of course according to the laws of Thailand.

The prenuptial agreement can include possible division of properties, however as the concept of a prenuptial agreement is rather new the legal literature on prenuptial agreements is still underdeveloped. It is slightly unpredictable how the courts deal with arrangements on the division of properties made in a prenuptial agreement.

3- The third benefit of a prenuptial agreement is that it can state possible division of assets in case the marriage is later dissolved.

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