Family law in thailand Part XIII: Prenuptial agreements in marriage - doing it your way

Expat Counsel

Up until now, we've been talking about how the law is imposed on you in connection with your marriage in Thailand. Now we're going to talk about how you can protect yourself from aspects of the law of marriage, divorce and separation that may be unfair if they aren't tailored to your own particular situation.

The parties can agree by contract on many of the terms of the marriage that are dictated by law if they don't have a contract. In many countries, the parties can agree on the terms of the marriage at any time, including after they are married. In Thailand, however, this agreement must take place, and be properly filed, before the marriage. Otherwise a court order, which is hard to get, is needed if the parties want to agree on terms after the marriage has taken place.

We call an agreement between husband and wife before the marriage a prenuptial agreement. In Thailand there are two ways to get it done. Both are filed at a district office in Bangkok or at the amphurs office in the provinces. First, it can be by giving a joint statement to the officer at one of these offices prior to the marriage. The officer will write down what he or she believes has been said, have the parties sign it and register it in the Marriage Register along with the marriage certificate. Exhibits to such an agreement, such as copies of land title deeds, may, at the option of the parties, also be registered in this way.

The problem with registering a prenuptial agreement written down by a government officer like this is that the whole thing is pretty imprecise. Often there are misunderstandings. Even if a lawyer is present, some things intended to be written down may be left out. Also, if you're doing it right on the spot, in the presence of an officer like this, he or she may rule that something can or can't be included in the agreement that may be inaccurate or unnecessarily unfair to one of the parties. It's pretty hard to sort out all of the legal issues of a marriage in just a few minutes - the time you have with the officer. Finally, if you aren't fluent in Thai, somebody will have to be there to translate on your behalf, and make sure your interests are protected.

Better to go with the second way of entering into a prenuptial agreement. This is having an agreement already written and signed and file it with the officer prior to when the marriage is celebrated. It can then be registered as an annex to the Marriage Register. The parties and two witnesses must each have signed this document and it should be delivered to the officer before the parties sign in the Marriage Register and the marriage is registered.

One important issue, even with the second way of entering into a prenuptial agreement, is that the agreement must be in Thai. With the second way it can, however, be in Thai and translated into your native language, in alternating paragraphs, though the Thai version is controlling. The obvious advantage of doing all of this beforehand is that you can get it in a form that both parties understand and agree upon.

Next time we'll explain what can and can't be covered by a prenuptial agreement.

James Finch of Chavalit Finch and Partners
(finch@chavalitfinchlaw.com)
and Nilobon Tangprasit of Siam City Law Offices Ltd
(nilobon@siamcitylaw.com)
For more information visit
http://www.chavalitfinchlaw.com.
Comments? Questions? Contact us
at the email addresses above.