Thai Marriage Laws Prenuptial and Property
Thai English before marriage prenuptial agreement contracts |
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For all marriages in Thailand the law specifies that property belonging to either spouse before the marriage remains his or her personal property during the marriage, and each spouse shall remain the sole manager of his or her personal property. What's yours before the marriage remains yours during the marriage. If personal property during the marriage has been exchanged for 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 (Sin Suan Tua).
Section 1472 of the Thailand Civil and Commercial Code. 'As regards to Sin Suan Tua (personal property), if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua'.
Besides each of the spouse's personal 'Sin Suan Tua' property, a Thai marriage creates common or marital property owned jointly between husband and wife (Sin Somros). Under Thai law all property acquired throughout the course of the marriage is marital property regardless of how title is held. Division of marital property takes place when the marriage comes to an end (divorce 
or death). Unless the parties can agree how to divide their properties the Court will divide the marital assets subject to the above section 1472 of the Civil and Commercial Code and individual circumstance of the parties.
Marital property under Thai law consists out of 'benefit and income' (e.g. savings) and 'fruits' of each spouse personal property (e.g. rent received from a personal property) acquired during the course of the marriage will be divided equally as jointly owned property between husband and wife. Often property of husband and wife during marriage will consist of a mix of personal and joint marital property.
A practical solutions to dealing with the financial consequences of a marriage in Thailand is a prenuptial agreement and the administration of the couples finances and personal property during their marriage. It is under Thai law not possible to exclude the marital property rule in a prenuptial agreement (read more: content of a prenuptial in Thailand)
Property acquired by inheritance, legacy or gift by one of the spouses during the course of the marriage will in principle become a personal property of the receiving spouse.
Management of personal and marital property under Thai marriage laws
Management of personal property during marriage lies with each spouse, and each spouse shall remain the manager of his or her personal property. Management of certain jointly owned Sin Somros (as specified in section 1476 Civil Code) lies with both spouses jointly, or in case of prenuptial agreement sole management can be given to one of the spouses. Management of common marital property, other than provided for in section 1476, can be managed by each spouse separately without having to obtain consent from the other. Unless parties have made a marriage contract or prenuptial agreement before their marriage certain legal acts with regards to certain jointly owned properties must be managed jointly by the husband and wife.
In case of a marriage between a Thai and foreign national the couple can in principle choose which law will apply on their marital property regime. It is possible to choose for the law of the foreigner's home country, Thailand or a combination, subject to the conflict of laws principle and having made a valid choice of law. Each country has it's own rules on which law will be applied and it is recommended to seek local legal advice.
Recommended articles: Buying real estate on a Thai spouse's name and Prenuptial Agreements.
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The section governing prenuptial agreements in the Thailand Civil and Commercial Code.Section 1465. Where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties (i.e. prenuptial agreement Any clause in the prenuptial agreement Section 1466. The prenuptial agreement Section 1467. After marriage the prenuptial agreement cannot be altered except by authorization of the Court. When there is final order of the Court to effect the alteration of cancellation of the ante-nuptial agreement, the Court shall notify the Marriage Registrar of the matter in order to have it entered in the Marriage Register. Section 1468. Clauses in the prenuptial agreement shall have no effect as regards the rights of third persons acting in good faith irrespective of whether they be altered or canceled by the order of the Court. Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby. |
Full Thai law text:
(c) 2011
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