ante-nuptial

ante-nuptial is prenuptial

Clause 1 – Personal Property of the Parties

1.1 Definition of Personal Property

For the purposes of this Agreement, “Personal Property” (สินส่วนตัว) shall have the meaning given under Section 1471 of the Thai Civil and Commercial Code, including the assets listed in the attached Exhibits.

1.2 Personal Property of the Husband

The Husband’s Personal Property includes property owned before marriage, inheritance, gifts, personal items, professional tools, and any property otherwise classified as personal property under Thai law, including the assets listed in Exhibit C.

1.3 Personal Property of the Wife

The Wife’s Personal Property includes property owned before marriage, inheritance, gifts, personal items, engagement property (if any), professional tools, and any property otherwise classified as personal property under Thai law, including the assets listed in Exhibit D.

1.4 Increase in Value and Income from Personal Property

Any increase in value or appreciation of the Personal Property of either party shall remain the Personal Property of that party as between the parties, unless otherwise agreed in writing. Income or fruits derived from property shall be classified in accordance with applicable Thai law.

Clause 2 – Common Property

2.1 Definition of Common Property

Subject to Clause 1, “Common Property” (สินสมรส) shall have the meaning given under Section 1474 of the Thai Civil and Commercial Code, including property jointly acquired during the marriage and property expressly designated as common property by will or written gift.

2.2 Acquisition with Predominantly Personal Funds

If property is acquired during the marriage and more than fifty percent (50%) of the purchase price is paid from the Personal Property or separate funds of one party, the parties acknowledge their intention that such property should belong primarily to that contributing party, unless otherwise agreed in writing.

This clause reflects the parties’ mutual intention only. The legal classification of property remains subject to Thai law and judicial interpretation.

2.3 Joint Bank Accounts

Funds held in joint bank accounts in the names of both parties, including accrued interest, shall be treated as Common Property in equal shares unless otherwise agreed in writing.

Property acquired using funds from a joint account shall generally be treated as Common Property unless clearly intended as Personal Property of one party.

2.4 Immovable Property in Thailand

The parties acknowledge that under the Thai Land Code a foreign spouse may not be registered as the owner of land in Thailand.

If immovable property is acquired during the marriage using Common Property or contributions from both spouses, the parties acknowledge and agree that, as between themselves, such property may be treated as Common Property under Thai law notwithstanding that legal title may be registered solely in the name of the Thai spouse.

The parties further agree that any sale, transfer, lease, mortgage, or other disposition of such property should require the written consent of both spouses unless otherwise agreed in writing.

The parties acknowledge that this clause operates only between the spouses and does not limit the authority of the Thai Land Office or override applicable Thai law.

2.5 Annual Record of Marital Property and Liabilities

The parties may periodically prepare written summaries of significant marital assets and liabilities acquired during the marriage for documentation and evidentiary purposes.

Such records are intended solely for clarity and documentation and do not alter the legal classification of property or liabilities unless otherwise agreed in writing.

Clause 3 – Management of Personal Property

Each party shall have the exclusive right to possess, use, enjoy, and manage their own Personal Property unless otherwise agreed in writing between the parties.

Clause 4 – Management of Common Property

4.1 Management of Common Property

Either spouse may manage Common Property in the ordinary course of daily life without further consent from the other spouse, subject to applicable Thai law, including Section 1476 of the Thai Civil and Commercial Code.

Any act outside ordinary daily management or significantly affecting Common Property shall require:

• ☐ Joint consent of both spouses
• ☐ Sole consent of the Husband
• ☐ Sole consent of the Wife

The applicable option shall be selected and unused options removed.

Acts considered outside ordinary daily management include:

• sale, transfer, mortgage, lease, or encumbrance of immovable property;
• creation or termination of servitudes, usufructs, habitation rights, or superficies;
• borrowing or lending money;
• making gifts;
• compromise settlements;
• submitting disputes to arbitration; and
• pledging property as security.

This provision applies only to the extent consistent with Thai law and does not limit the authority of Thai courts regarding the lawful management of Common Property.

4.2 Immovable Property in Thailand

With respect to immovable property in Thailand acquired during the marriage and registered solely in the name of the Thai spouse, the parties agree that any sale, transfer, lease, mortgage, or other disposition should require the prior written consent of both spouses unless otherwise agreed in writing.

The parties acknowledge that this provision operates only between the spouses and does not affect the authority of the Thai Land Office or transfer ownership rights to the foreign spouse under Thai land law.

4.3 Joint Bank Account Authority

Either spouse may withdraw funds or sign cheques from a joint bank account up to THB ______ without joint signatures. Transactions exceeding this amount shall require the signatures of both spouses.

Any overdraft or credit facility connected to a joint account shall be treated as borrowing and subject to the consent requirements under Clause 4.1.

Clause 5 – Miscellaneous Provisions

5.1 Motor Vehicles

Any motor vehicle owned by either party before marriage, including any replacement vehicle, shall remain the Personal Property of that party.

Motor vehicles acquired during the marriage shall be classified in accordance with this Agreement and applicable Thai law.

Each party shall remain responsible for the costs, insurance, and maintenance of vehicles registered in their own name unless otherwise agreed in writing.

5.2 Pensions and Retirement Benefits

Any pension or retirement benefit rights acquired before marriage shall remain the Personal Property of the party entitled to them.

Pension or retirement rights accrued during the marriage shall be classified in accordance with applicable Thai law and, where relevant, the rules of the pension scheme or retirement plan concerned.

Where pension, retirement, or death benefits allow a beneficiary designation, each party may designate the other party as beneficiary unless otherwise agreed in writing.

This clause applies only to the extent consistent with Thai law, the applicable pension or retirement scheme, and the discretion of the Thai courts.

5.3 Living Expenses

Shared living expenses shall be divided in such proportion as the parties may mutually agree from time to time.

This clause reflects the parties’ practical intention only and applies only to the extent consistent with Thai maintenance and support laws.

5.4 Credit and Loans

Any loan, credit contract, or debt entered into individually by one party shall remain the sole liability of that party, unless incurred for household necessities or otherwise treated as a joint obligation under Thai law.

Any jointly signed loan, credit contract, or debt shall be a joint obligation of both parties.

5.5 Gifts

Gifts made between the parties shall be treated in accordance with Thai law and the circumstances of the gift, including whether the gift was intended to be unconditional, conditional, or connected with marital property.

Any substantial gift, gift involving immovable property, or gift connected with the marital home should be recorded in writing where possible.

5.6 Engagement Property

Any engagement property (kongman), if given, shall be treated as the Personal Property of the Wife and governed by Sections 1437 and 1438 of the Thai Civil and Commercial Code.

Clause 6 – Validity and Registration of the Prenuptial Agreement

The parties agree that this Prenuptial Agreement shall be presented and registered together with the marriage registration at the competent district office in accordance with Thai law.

The parties acknowledge that a prenuptial agreement not registered at the time of marriage registration may be void or unenforceable under Thai law.

Clause 7 – Amendment and Revocation

The parties acknowledge that, after the marriage registration, this Prenuptial Agreement generally cannot be amended or revoked except with approval or order of a Thai court in accordance with Thai law.

Clause 8 – Division of Common Property Upon Divorce

In the event of divorce, the division of Common Property and joint liabilities shall be governed by applicable Thai law and any written divorce settlement between the parties.

As a general principle, Common Property remaining after deduction of joint liabilities shall be divided equally between the parties unless otherwise agreed in writing or ordered differently by a Thai court.

Where property cannot be conveniently divided, the parties may agree to sell the property and divide the net proceeds after deducting related costs and liabilities.

This clause applies only to the extent consistent with Thai law and does not limit the authority or discretion of Thai courts.

Clause 9 – Language

This Agreement is executed in Thai and English versions, both intended to reflect the same meaning and effect.

In the event of any inconsistency or ambiguity, the Thai version shall prevail for purposes of Thai law and proceedings before Thai courts. The English version may be used as an interpretive aid where permitted by law or relevant in foreign jurisdictions.

Clause 10 – Severability

If any provision of this Agreement is found to be void, unenforceable, or contrary to applicable law, that provision shall be deemed severable and the remaining provisions shall continue in full force and effect to the extent permitted by law.

Clause 11 – Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Kingdom of Thailand and subject to the jurisdiction of the competent Thai courts.

Clause 12 – Dispute Resolution

In the event of any dispute arising from or relating to this Agreement, the parties shall first attempt to resolve the matter amicably through good-faith discussions.

If no settlement can be reached, either party may submit the dispute to the competent courts of Thailand in accordance with Thai law.

Any mediation, compromise, or court-supervised settlement shall be conducted in accordance with applicable Thai law and court procedures.