Thai Prenuptial Agreements And Marriage Registration

This article looks at marriage in Thailand and the issues surrounding Thai prenuptial agreement registration.

This author has, on more than one occasion, discussed the issues of Thai prenuptial agreements and Thai marriage registration. This article briefly touches on both issues and the seemingly strange Thai rules regarding registration of premarital agreements and how these rules can have an affect upon a prenuptial agreement that would otherwise be enforceable in other countries. For instance, if a US Citizen gets married to a Thai Citizen in the USA after the Thai Citizen has entered the United States on a K-1 fiance visa, then the law of the state of the marriage most likely does not legally require that the prenuptial agreement be registered. Thus, the local court will, more than likely, enforce the provisions of the prenuptial agreement even though it was never registered. In the Kingdom of Thailand, even if the marriage took place in the US, the Thai courts are not likely to enforce a prenuptial agreement unless it was registered simultaneously with the marriage.

Where does this leave the couple? If the couple has no assets in Thailand, then enforcement of the provisions of the prenuptial agreement in Thailand is irrelevant, but if one of the parties has assets in the Kingdom of Thailand, then the prenuptial agreement ought to be registered in the Kingdom, but how can this happen if the couple has already married in the United States of America? Simple: Re-registration. The parties can register the marriage again in Thailand and take steps to ensure that the prenuptial agreement is registered there as well.

This may prove itself to be extremely relevant for a couple that marries in the United States and then returns to Thailand. For instance: a retired US Citizen and his Thai wife returning to Thailand. In this scenario, the couple would be prudent to re-register their marriage as well as their prenuptial agreement especially if the American is bringing valuable assets into Thailand.

All in all, prenuptial agreements are effective in putting all parties on notice of the rights and obligations that will be attached upon marriage and upon a possible dissolution. As is the case with any legal instrument, it is generally prudent to have an experienced attorney handle the drafting of the agreement as it can be a crucial document in the couple's financial future. Sadly, in the Kingdom of Thailand there are many who make claims about having the expertise necessary to provide advice and consultation about this matter. For prospective clients interested in retaining legal advice about US prenuptial agreements it may be wise to ask for credentials and ascertain whether individuals claiming legal expertise have a license to practice law in at least one United States jurisdiction.

by: Ben Hart

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