A Prenuptial agreement also known as a ‘prenup’ is a written agreement between two people prior to their marriage. Generally, the prenup will list all the assets and debts of both parties and will set out what rights each party will possess in the event their marriage ends.
The requirements for a prenuptial agreement under Thai law include the following:
✓ The agreement must be made in writing;
✓ Each party must receive separate and independent legal advice;
✓ Both parties must sign the agreement in the presence of two witnesses, aged 18 years or older, at the same time of the registration of their marriage; and
✓ The agreement must be registered at the same local office where the parties register their marriage.
At the time of registration, the prenup should be attached to the marriage certificate. In the event that one or more parties is under 20 years of age, that person must receive consent for the marriage from a parent, legal representative or guardian.
Often, circumstances make it necessary to secure the financial assets of both parties before a marriage. Prenuptial agreements can be difficult to draft, hence it is necessary to engage a knowledgeable legal professional to ensure the agreement will be recognized under Thai law. Mahanakorn Partners Group can assist in the preparation and execution of a prenuptial agreement that benefits both. With the input of the marrying parties, we draft an agreement according to Thai law, which is tailored to the particular circumstances of the couple.