Prenuptial Agreements in Thailand - Pre-Marriage Deeds

Benefits of a prenuptial under Thai marriage laws

The prenuptial agreement could prevent unnecessary disputes over ownership of certain items in case the marriage is later dissolved. In a possible future divorce the parties do not have to prove what they brought in the marriage as this is listed in the prenuptial agreement. In this case it is possible to simply ignore a claim from the other spouse on personal property when the marriage ends in a divorce.

Personal property is under Thai law referred to as is Sin Suan Tua, as oppesed to jointly owned or marital property between husband and wife, which is under Thai marriage laws 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 matrimonial property regardless 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 important to realize that real estate in Thailand often will be held as a personal property of the Thai spouse (read more in real estate and marriage). The aspect of management in a prenuptial does in any case not apply on land acquired in Thailand during the course of the marriage.

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, unless it has been exchanged during the marriage for other property (i.e. this still remains personal property). If there is a dispute if a property has become a marital (jointly owned or partly jointly owned) or a personal property under Thai marriage laws the division could become complicated. If the couple can't agree on their separation 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 consists 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 in Thailand 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 in Thailand deal with arrangements on the division of properties made in a prenuptial agreement.