Marriage and Prenuptial Agreements in Thailand

Marriage is one of the most important decisions that many people make. Marriage legalization in Thailand is somewhat different when compared marriage legalization in other countries particularly “Common Law” jurisdictions. This page looks at the issues of Thai marriage and prenuptial agreement registration.

Prenuptial agreements are an important aspect of protecting one’s interests. Although no one wishes to discuss the prospect of marital dissolution when they are contemplating marriage it is still an important issue because failure to delve into all of the ramifications of marriage could result in severe financial hardship to one or both parties to the marriage. Premarital agreements and prenuptial agreements should be well drafted by a competent lawyer(s) in order to ensure that one is not left legally exposed in the event of divorce.

In Thailand, there are many specific formalities that must be adhered to for the agreement to later be recognized by a Thai court. For foreign nationals there are different legalities that should be taken into consideration during the drafting phase of the prenuptial agreement. By retaining a legal service with both Thai and “Common Law” trained lawyers on staff, the client can better ensure that all legal aspects of the drafting process are handled by professionals who are knowledgeable in their particular jurisdiction’s legal requirements.

A Thai Prenup should be written in both English and Thai in order to facilitate better understanding by all parties. Further, the Thai fiancee should be accorded the opportunity to retain independent counsel to advise her regarding the rights and obligations that go along with the agreement. Further, the Thai fiancee should receive advice regarding the rights she would be waiving in the event she signs the document. All of this is done in order to ensure that the Thai fiancee fully understands what she is signing when she signs it.

On the internet, there are some who claim to be American attorneys in Thailand. Unfortunately, some of these individuals have no formal legal training or credentials. These people could cause serious damage to one’s interests as a poorly drafted prenuptial agreement could result in unwanted financial burdens should a court deem the agreement to have been improperly drafted or unconscionable. For this reason, it is important to ask for an individual’s credentials before retaining their services. A bona fide American attorney, or a bona fide Thai attorney, should be able to produce a valid license to practice law and/or credentials signifying membership in a Bar Association in the USA. A prenuptial agreement is a document too important to be left in the hands of those without sufficient legal knowledge to protect their client’s interests.

Like any agreement, proper drafting is essential and Integrity Legal can provide assistance in ensuring that one’s interests are protected through a well compiled prenuptial agreement. Contact Integrity Legal for more details.