Property and contracts between husband and wife under Thai family laws
Making a pre-marriage contract (ante-nuptial agreement) before the marriage and contracts concerning property between husband and wife after the marriage is primarily governed by the sections 1465 to 1469 of the Thailand Civil and Commercial Code.
Prenuptial and property of husband and wife
Section 1465 of the Thailand Civil and Commercial Code says: 'Where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties (i.e. prenuptial agreement), the relations between them as regards to their properties shall be governed by the provisions of this Chapter'.
It means that a prenuptial as the word already suggests must be made pre or before marriage.
As to the content of a prenuptial agreement the Civil and Commercial Code says: 'Any clause in the prenuptial agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void'.
This means that such contract cannot be based on foreign law, and the content cannot be in conflict with general laws governing marriage and divorce. The options for a prenuptial agreement are limited.
The requirements for a prenup can be found in section 1466 of the Civil and Commercial Code, and says: 'The prenuptial agreement is void if not entered in the Marriage Register at the time of marriage registration terms of the prenuptial; 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 prenuptial agreement is thereto annexed'.