There can be instances in which the terms “antenuptial agreement” and “premarital agreement” are used but meant the same thing, the prenuptial agreement. In Thailand, prenuptial agreement is the widely accepted term for a written agreement of two marrying persons citing the properties that they individually own and provides specifics on one party’s rights over the property after the marriage.
It is the Civil and Commercial Code that provides for the said agreement. A person who is about to execute a prenuptial agreement with his/her spouse-to-be in Thailand must first seek the expertise of a lawyer, someone who has vast knowledge with the laws of Thailand and that of his/her home country.
The Civil and Commercial Code of Thailand specifies the requirements in order for a prenuptial agreement to be binding and enforceable:
- Must be in writing – the agreement must be put into writing otherwise it will not be enforceable under Thai law.
- Lawyers – both parties should have their own legal advisers when drafting and executing a prenuptial agreement. This is to ensure that the rights of each party is respected.
- Witnesses – both parties must sign the documents with the presence of at least two (2) witnesses.
- Registration – the agreement must be registered at the same amphur where their marriage is being registered.
The Lawyer and the Process
As mentioned by the Civil and Commercial Code, having a lawyer when drafting the prenuptial agreement is a must.
When considering for a lawyer or law firm, an individual must consider someone who has extensive background in Thai family law as well as impressive knowledge on the laws of other countries that govern the prenuptial agreement.
Siam Legal’s lawyers are well versed in Thai and English making language barrier issues not significant. Furthermore, Siam Legal make drafts that are specific to the needs of its clients making it an ideal firm especially for expatriates.
The Hague Convention
Thailand is not a signatory of the Hague Convention so there can be instances, depending on the nationality of the person, that the documents notarized in Thailand should also be notarized further at the Thai Ministry of Foreign Affairs and or at the Embassy where the document will be submitted.