Published On: Thu, Nov 7th, 2013

Prenuptial Requirements

Thai law lists several strict requirements for a valid prenuptial agreement.  If these requirements are not met, the agreement may not be worth the paper it is written on. See the main article on prenuptial agreements in Thailand.

  1. Prenuptial agreements need to be writing and signed before the marriage.  At least two witnesses must be present.

  2. The agreement must be written in the native language of each party.  If you are a foreigner planning on marrying a Thai, this means that you will need to prepare and sign two copies of the agreement, one in your native language and one in Thai.

  3. Each party needs advice from their own lawyer.  It is extremely important that both parties understand exactly what the agreement means.  Thai law requires that each spouse receive advice from a different attorney.  That means the if you hire one law firm to write the prenuptial agreement, your spouse needs to get advice from an independent attorney or a competing firm.

  4. The prenuptial agreement must be registered in the official marriage register.

Limitations on Prenuptial Agreements

Thai law states that any clause in a prenuptial agreement which is contrary to public order or against good morals is void.  This limitation prevents extremely one-sided prenuptial agreements which depart significantly from Thai laws regulating management of marital property.

If the prenuptial agreement is made between a Thai citizen and a foreign national, the law of the foreigner’s home country or state may affect the agreement’s validity.

Countries that Honor Prenuptial Agreements

Many countries allow couples to make prenuptial agreements.  The United States, Canada, Australia, France, Germany, Switzerland, Sweden, Denmark, Norway and Finland all enforce valid prenuptial agreements.

Validity of Prenuptial Agreements in the U.K.

The laws of the United Kingdom give divorce courts broad discretion to divide a couple’s assets based on fairness and the interests of the couple’s children.  Although British courts have a history of disregarding prenuptial agreements, they are now being enforced with increasing regularity.  Even if a British court does not enforce a prenuptial agreement exactly as it is written, the terms of the prenuptial agreement may shape the court’s decision.

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