Define Prenuptial Registration
A prenuptial in Thailand is established through agreement between a man and a woman who are about to be married. Prenuptial registration is the official act of including the marriage contract in the Marriage Register together with the registration of the marriage by the government official conducting the marriage. A prenuptial agreement in Thailand (open ZIP-package) governing assets of the spouses is ONLY a valid contract if it is made BEFORE the marriage and REGISTERED with the local municipality government office. The prenuptial agreement must be registered with the 'amphur' where the marriage takes place and is noted as a marriage contract on the marriage certificate.
How to use and notes for a prenuptial agreement:
- contact your embassy for the required official marriage registration documents (among others the statement that you are free to marry)
- prepare official translations of these documents (your embassy can advice in the procedure and documents, if it is not already on their website)
- should your Thai fiancée just come out of a previous marriage (within 310 days) a doctor’s certificate is required to state that she is not pregnant (section 1453 Civil and Commercial Code)
Ones these documents are ready:
- prepare the Thai English script prenuptial and exhibits to the contract as dowloaded in the ZIP package
- print 3 sets of documents to be taken to the government office together with the other documents
- bring 2 witnesses to the wedding at the local amphur (local municipality government office) for witnessing the wedding and signing the prenuptial
The prenuptial must be entered into the marriage register together with the marriage registration by the official conducting the marriage, or the agreement will be void. It is not possible to register the prenuptial after the marriage registration.
The prenuptial needs to be presented together with the other official documents required for the marriage. It is common that government officials expect a small amount of 'tea money' (500 to 3000 baht) for any official registration, irrespective if they are dealing with foreigners or Thai, this is simply part of the custom in Thailand and gives a sort of VIP treatment.
Before marriage in Thailand it is recommended to obtain legal advice on the enforceability of a prenuptial and its content and consequences of marriage on assets in your home country.
