Special Considerations with Thai Marriages
As noted previously, 80%+ of the prenuptial agreements our firm drafts involve foreign men and Thai women planning on entering into a marriage either in Thailand or in the husband’s home country. For those couples, you should be aware of the provisions of the Thai Civil and Commercial Code which relate to prenuptial agreements. For couples who do not record a prenuptial agreement, their respective rights are simply set out in the Code's other provisions. The provisions relating specifically to prenuptial agreements under Thai law may be found at Chapter 5 of the Code, as follows:
Section 1465 : Where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties, the relations between them as regards their properties shall be governed by the provisions of this Chapter.
Any clause in the ante-nuptial agreement contrary to public order or good morals, or providing that the relations between them as regards such properties are to be governed by foreign law shall be void.
Section 1466 : The ante-nuptial agreement is void if not entered in the Marriage Register at the time of marriage registration, including terms of the ante-nuptial agreement; or if not made in writing and signed by both spouses and by at least two witnesses and entered in the Marriage Register at the time of the marriage registration stating that the ante-nuptial agreement is thereto annexed.
Section 1467 : After marriage, the ante-nuptial agreement cannot be altered except by authorization of the Court.
Section 1468 : Clauses in the ante-nuptial agreement shall have no effect as regards the rights of third parties acting in good faith irrespective of whether they be altered or cancelled by order of the Court.
The most important point to be gained from the foregoing provisions is the strict technical requirements of recordation of the pre-nuptial (ante-nuptial) agreement at the same time that the marriage is registered IF the marriage is to be registered in Thailand. You should also note that any choice of law provision in the prenuptial agreement which stipulates foreign law to be applied to any proceedings in a Thai Court will be ignored by Thai Courts, at least with respect to property within their power to affect. As a practical matter this means that Thai Courts will always apply Thai law to such agreements but, that only affects a property distribution with regard to property in Thailand (in the Thai Courts jurisdiction). One should still feel free to make choice of law decisions in their prenuptial agreement with regard to property outside of Thailand.
Choosing a lawyer is an important decision and should not be based solely on advertising. We welcome specific inquiries regarding our services, experience and qualifications. Inquiries may be directed to our American legal staff by Clicking Here.