If the couple fails to comply with any of the requirements, the agreement is void and not enforceable in Thailand. Foreign courts applying Thai law to the marriage contract will also find that the agreement is void and refuse to enforce it.
Each agreement is drafted precisely according to individual circumstances and cannot be the same for everyone. The parties should prepare information regarding their personal assets, sources of income, but the drafting of the contract will then depend on each couple.
Thailand has restrictions on what can be included in a marriage contract. First of all, as seen above, according to article 1465, the content of the prenuptial agreement cannot be contrary to the law or to good morals. Any clauses in a marriage contract that violate the legal system of property between the spouses will be considered null and void by a Thai court. In addition, according to Section 1598 of the Civil Code, if a couple attempts to waive the maintenance rights of one spouse, the provision or even the entirety of a marriage contract may be unenforceable. A clause allowing for the application of foreign law regarding property is void. Finally, the prenuptial agreement must not contain matters other than the division of joint property such as the establishment of alimony, future custody of children or the making of a will.
In addition, the contract must contain certain elements:
|➤ The assets of both parties involved in the marriage and the management of Article 1476 of the Civil and Commercial Code|
|➤ The wishes of the couple on how to divide the matrimonial property in case of dissolution of the marriage upon death or divorce|
The marriage contract must be registered before the marriage, the signatures of two witnesses are required. The documents that the spouses must gather to register the contract are the following:
|➤ The Thai ID of the parties|
|➤ The identity of the two personal witnesses|
|➤ A list of assets that each spouse reserves as their individual property (e.g. bank details, property titles, mutual funds, a spouse's share in a private company...)|
The registration process can be done in two ways at the time of the actual registration of the marriage. The couple can inform the Registrar of the terms and conditions relating to the property at the time they register the marriage. Or the couple may decide to prepare a marriage contract in advance signed by the parties and two witnesses and give the agreement to the Registrar at the time of the marriage registration. The Registrar will record that the spouses have a marriage contract in the marriage registration certificate.
According to Article 1467 of the Civil Code, once you have completed the prenuptial agreement, it will be effective for both parties forever. The only way to modify the contract is to obtain the consent of the court, but this is particularly difficult. However, if the Court agrees to the amendment and issues a final order, the Court will notify the marriage registry of the matter so that it can be entered in the marriage registry.
Also, as long as the contract is not recorded, you can change the provision of the prenuptial agreement at any time before recording.
The enforcement of the deed depends on the laws of the country where the parties reside and may not be valid in all cases. Couples who intend to move abroad should ensure that the agreement can be enforced in the country where they plan to reside in order to make the agreement enforceable. For couples who have drafted a marriage agreement outside of Thailand but wish to come and reside in Thailand, they may decide to draft an additional agreement in accordance with Thai law.