Question 1

Is a prenuptial agreement enforceable in Thailand?

Accepted Answer

It is, but only if the strict form in section 1466 of the Civil and Commercial Code is met: the agreement must either be entered in the marriage register at the same time as the marriage registration, or be made in writing signed by both parties and at least two witnesses, attached to the marriage register, with a note in the register recording that it is attached — all on the day of registration. An agreement signed afterwards is void. Section 1465 also voids any clause contrary to public order or good morals, or any clause providing that foreign law shall govern the couple's property. Ask our Thai family-law team to review your documents by phone, LINE or email before you file.

Question 2

How are assets classified during a Thai marriage?

Accepted Answer

Section 1471 defines personal property (sin suan tua) as property owned before the marriage, personal effects and tools of trade, property acquired during the marriage by inheritance or gift, and the khongman engagement property. Section 1474 defines marital property (sin somros) as property acquired during the marriage, property acquired by will or written gift that expressly states it is marital property, and the fruits of personal property. Where it is doubtful whether an asset is marital property, the final paragraph of section 1474 presumes that it is, so the burden falls on the spouse claiming otherwise. Ask our Thai family-law team to review your documents by phone, LINE or email before you file.

Question 3

Can one spouse sell jointly owned property alone?

Accepted Answer

No. Section 1476 requires both spouses to act jointly, or one to obtain the other's consent, for significant dealings with marital property — selling, exchanging, mortgaging, granting or extinguishing servitudes or superficies, leasing immovable property for more than three years, lending money and making gifts. Section 1480 lets the non-consenting spouse ask the court to revoke the transaction within one year of learning of it and no later than ten years from the date of the act, unless the counterparty acted in good faith and for value. Ask our Thai family-law team to review your documents by phone, LINE or email before you file.

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Marital Property, Personal Property & Prenuptial Agreements

Questions in this cluster — 3

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