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Marriage and Prenuptial Agreements in Thailand

By Ben Hart

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Published: 22May2010
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The following article discusses Thai marriage and the Thai marriage registration process as well as issues associated with Thai prenuptial agreements.

This author has repeatedly discussed the issue of Thai prenuptial agreements as well as the issue of Thai marriage registration. This article will briefly touch on both issues and the somewhat quirky Thai rules regarding registration of prenuptial agreements and how these rules can have an impact upon a prenuptial agreement that may otherwise be enforceable in other jurisdictions. For example, if an American marries a Thai in the United States after the Thai has entered the US on a K1 fiance visa, the law of the state of marriage probably does not require that the prenuptial agreement be registered. Therefore, the local court will likely enforce the provisions of the prenuptial agreement notwithstanding the fact that it was never registered. In Thailand, regardless of the fact that the marriage took place in the US, the courts will not enforce a prenuptial agreement unless it was registered at the time the marriage was registered in Thailand.

Where does this leave the couple? If the couple has no assets in Thailand, then enforcement of the provisions of the prenuptial agreement in Thailand is irrelevant, but if one of the parties has assets in the Kingdom of Thailand, then the prenuptial agreement ought to be registered in the Kingdom, but how can this happen if the couple has already married in the United States of America? Simple: Re-registration. The couple can re-register the marriage in Thailand and make certain that the prenuptial agreement is registered there as well.

This may be extremely relevant for the couple that marries in the USA and subsequently returns to Thailand. For example, a retired American and his Thai wife returning to Thailand, in this situation, the couple would probably be wise to re-register their marriage and register their prenuptial agreement particularly if the American is bringing assets in to the Kingdom.

All in all, prenuptial agreements are effective in putting all parties on notice of the rights and obligations that will be attached upon marriage and upon a possible dissolution. As with any legal document, it is wise to have experienced counsel handle the drafting of the instrument as it can be a critical document in the couple's future. Unfortunately, in Thailand there are many who claim to have the expertise necessary to provide advice about this matter. For prospective clients interested in retaining legal advice about US prenuptial agreements it may be wise to ask for credentials and ascertain whether individuals claiming legal expertise have a license to practice law in at least one United States jurisdiction.

Benjamin Hart is an attorney from the United States. He currently resides in Thailand and acts as the Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact them at: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See them on the internet at: Thailand Lawyers or Prenuptial Agreement Thailand.

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