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City Lawyer Consulting

Writing a prenuptial agreement

A Thai prenuptial agreement or 'Thai prenup' is a written contract between two people before they marry. A Thai prenup usually lists all the property that each person owns (as well as any debts) and specifies what each person's property rights will be after marriage.

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Prenuptial Agreement

How to make a prenuptial agreement in Thailand?

The Thai Civil and Commercial Codes govern the prenuptial agreement procedure. You must consult a registered Thai family lawyer and an attorney or lawyer familiar with the laws of your country and Thailand before preparing a prenuptial agreement with a Thai bride.

Requirements

According to the Thai Civil and Commercial Code, there are several requirements for a prenuptial agreement in Thailand:

  • First, the agreement must be made in writing.
  • In addition, each party must get separate legal counsel.
  • Finally, the parties must sign the Thai prenuptial agreement in the presence of two witnesses before the marriage is registered, and
  • The Thai prenup must be registered with the local county where the parties choose to register their marriage.

Prenup Process

Our law firm specializes in family law matters, such as marriage, prenup, and divorce in Thailand.

Experienced foreign and Thai lawyers will help to draw up a prenuptial agreement tailored to your specific needs.

Once authorized, the notary can perform the following functions:

  • Check the authenticity of signatures in the document;
  • Certify the identity of the parties to the contract;
  • Apply oaths and affirmations;
  • Attest and certify certain classes of documents
  • Witness the signing of the document by the parties.

Since Thailand is not a party to the Hague Convention on the Legalization of Foreign Public Documents, parties who provide notarization services in Thailand may need to additionally notarize or legalize the notarized document at the Thai Ministry of Foreign Affairs and at the embassy of the country where the document is to be produced.

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Update: 18-02-2023
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