As seen above, the application of Thai law to a couple`s marriage contract can have dramatic consequences for a couple`s agreement. Couples who sign a marriage contract inside Thailand should ensure that they comply with Thai law. If couples list in writing what they own and who owns what, they can avoid future disagreements over assets. Marriage contracts can ensure the safety of both spouses. A relatively wealthy person can make sure that their becoming spouse doesn`t marry them for the money, while someone who doesn`t feel financially independent is sure they know exactly how they`re being cared for when the marriage gets furious. Marriage contracts concluded in Thailand survive the death of a spouse. If you have property that you want to pass on to your heirs, a marriage contract ensures that this property enters your estate and is not automatically passed on to your spouse. The situation is more complex for foreign couples who want to enforce their agreement in Thailand. If a Thai court finds that a marriage contract has a conflict of laws, the court may end up applying the laws of another country. Due to the complexity of marriage contracts in Thailand, couples should seek legal advice from Thai divorce lawyers who have practical experience in both Thai procedural and substantive laws and Thai conflict-of-laws rules.
What types of property sharing can I set in a Thai marriage contract? Thailand Marriage contract is valid and enforceable under Thai law Under Thai matrimonial law, the Prenup describes in principle the property of both parties that has been incorporated into marriage and administration in Section 1476 of the Civil and Commercial Code of marital property listed during the marriage. A marriage can also indicate the couple`s wishes as to how marital property will be distributed in the event of dissolution of the marriage in the event of death or divorce, but in the event of a controversial divorce, the Thai court must determine the applicability of such clauses and compliance with Thai law. Any provisions that do not conform to the nature and principles of Section 1533 (matrimonial property is divided equally between husband and wife) and Section 1535 (husband and wife are equally liable for the common debt) are considered to be in accordance with the law and are therefore null and void. . . .