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Many foreigners living in Thailand meet their future spouses here and get married in Thailand. And to deal with potential legal issues in advance, the couples often chose to enter into a prenuptial agreement (often referred to as “prenup”).
According to the Thai Civil and Commercial Code (“CCC”), the prenup agreement is valid when it is:
- entered in a form of the marriage registry or
- prepared by the spouses in writing, separately from the marriage registry, signed by both spouses and by at least two witnesses and entered in the marriage register stating that the prenup agreement is thereto annexed.
And according to the Ministry of the Interior Regulation Regarding Family Registration B.E. 2541, both spouses and 2 witnesses must sign in the marriage register (Form Kor Ror. 2).
The witnesses of the prenup agreement can be the witnesses provided by the marriage registry.
No lawyer nor an interpreter is required to attend the district office. Lawyer and interpreter may attend the district office as witnesses. In case that the spouse is foreigner, the registrar shall examine the evidence to identify such foreigner (passport, certificate from the embassy in Thailand) and shall examine the qualification of the foreign spouse (single status certificate) before register the marriage. The certified translations are required.
According to Section 1466 CCC, “the ante-nuptial agreement is void if not entered in the marriage register at the time of marriage registration terms of the ante-nuptial; or if not made in writing and signed by both spouses and by at least two witnesses and entered in the marriage register at the time of marriage registration stating that the ante-nuptial is thereto annexed.”
It is notable that any clause in the prenup agreement contrary to public order or good morals, or provisions to the effect that the relations between the spouses as regards to their properties are to be governed by foreign law, shall be void (Section 1465 CCC).
After registration of the marriage, the prenuptial agreement cannot be altered except by authorization of the court (Section 1467 CCC).