Family Law

Child Support in Thailand

Child Support in Thailand. Thai law mandates that both biological parents share the financial responsibility for their children until the child reaches adulthood (age 20). This obligation applies regardless of the parents’ marital status – married, divorced, or separated. Let’s explore how child support is determined and enforced in the Thai legal system.

Reaching an Agreement

The ideal scenario is for parents to reach a written agreement on child support. This agreement should outline the amount of support, method of payment (usually regular installments), and duration of payments.

Court-Ordered Support

If an agreement can’t be reached, the court will step in. The court considers two main factors when determining child support:

  • The child’s needs: This includes expenses for food, shelter, clothing, education, healthcare, and extracurricular activities.
  • The financial ability of the parents: The court will assess each parent’s income and expenses to determine a fair contribution.

Legitimizing Fatherhood

For children born outside of marriage, the biological father is not automatically obligated to pay support. However, he can be held responsible if he acknowledges paternity through:

  • Marriage to the mother after the child’s birth
  • Registering legitimation at a local district office
  • A court judgment


If a parent fails to comply with a child support agreement or court order, there can be legal consequences. These may include:

  • Seizure and sale of assets
  • Wage garnishments
  • Travel restrictions

Seeking Legal Help

Child support issues can be complex, especially in situations involving international borders. Consulting with a lawyer experienced in Thai family law is highly recommended. They can guide you through the process, ensure your rights are protected, and help you reach a fair resolution.

Additional Considerations

  • Child support in Thailand is typically paid to the custodial parent, though exceptions can exist.
  • The court may order support in forms other than money, such as contributing to educational or vocational institutions.
  • There’s a 5-year statute of limitations for filing a child support claim for a minor child.

Remember, this article provides a general overview. For specific advice regarding your situation, consulting a lawyer is crucial.


Notary Public in Thailand

Notary Public in Thailand. In the realm of legal and business transactions, the role of a Notary Public is pivotal in ensuring the authenticity and legality of documents. Thailand, a hub for international business and commerce, has its own system of Notary Public services, playing a crucial role in certifying and validating various legal documents. This article explores the significance, functions, and the process of notarization in Thailand.

I. Understanding the Notary Public in Thailand

A. Definition:

  1. A Notary Public in Thailand is a qualified legal professional authorized to authenticate documents, administer oaths, and witness signatures.
  2. Notaries in Thailand play a crucial role in verifying the legitimacy of documents for use both domestically and internationally.

B. Appointment and Authority:

  1. Notaries in Thailand are appointed by the Ministry of Justice and operate under the authority of the Ministry.
  2. Their authority extends to witnessing signatures, certifying copies of documents, and administering oaths or affirmations.

II. Functions of Notary Public in Thailand

A. Witnessing Signatures:

  1. Notaries witness the signing of documents, verifying the identity of the signatory.
  2. This function is crucial for legal documents, contracts, and affidavits.

B. Certifying Copies:

  1. Notaries can certify copies of original documents, affirming that they are true and accurate reproductions.
  2. This is often required for academic transcripts, passports, and other vital records.

C. Administering Oaths and Affirmations:

  1. Notaries administer oaths or affirmations to individuals making sworn statements.
  2. This is common in affidavits, statutory declarations, and legal affirmations.

D. Notarization for International Use:

  1. Notaries in Thailand often notarize documents intended for use in international transactions.
  2. This includes documents for business transactions, real estate deals, and legal proceedings.

III. The Notarization Process in Thailand

A. Document Preparation:

  1. Ensure all documents are prepared and reviewed before seeking notarization.
  2. Documents must be clear, complete, and in compliance with Thai legal standards.

B. Personal Appearance:

  1. The individual seeking notarization must appear in person before the Notary Public.
  2. This is to verify the identity of the person and witness the signing of documents.

C. Verification of Identity:

  1. The Notary Public verifies the identity of the person signing the document through government-issued identification.
  2. This is a crucial step to prevent fraud and ensure the authenticity of the signature.

D. Notarial Certificate:

  1. After the document is signed, the Notary Public attaches a notarial certificate, affirming the authenticity of the signature.
  2. The certificate includes the Notary’s seal, signature, and relevant details.

E. Record Keeping:

  1. The Notary Public maintains a record of the notarized documents.
  2. These records are kept for a specified period and can be used for verification purposes.

IV. Importance of Notarization in International Transactions

A. Acceptance in Foreign Jurisdictions:

  1. Notarized documents are widely accepted in foreign jurisdictions.
  2. This is crucial for international business, legal proceedings, and cross-border transactions.

B. Legalization and Apostille:

  1. Notarization is often a prerequisite for further processes like legalization or obtaining an Apostille for international use.
  2. These additional steps ensure the document’s validity in other countries.

V. Conclusion

In Thailand, the role of the Notary Public is fundamental in upholding the integrity of legal documents and facilitating smooth international transactions. Whether for business agreements, real estate transactions, or legal affirmations, notarization adds a layer of authenticity that is recognized and respected globally. Understanding the functions and the process of notarization is essential for individuals and businesses engaged in cross-border activities, ensuring the legality and acceptance of their documents in the international arena.


Power of Attorney in Thailand

In the intricate landscape of legal and business dealings, the Power of Attorney (PoA) emerges as a valuable legal instrument, granting an individual the authority to act on behalf of another. Thailand, with its dynamic business environment and international engagements, recognizes and regulates the use of Power of Attorney. This article navigates through the nuances of Power of Attorney in Thailand, elucidating its significance, types, and the process of execution.

I. Understanding Power of Attorney in Thailand

A. Definition:

  1. Power of Attorney is a legal document that authorizes an individual, known as the “agent” or “attorney-in-fact,” to act on behalf of another person, the “principal.”
  2. The authority granted can be broad or specific, and it may be temporary or enduring.

B. Importance in Legal Transactions:

  1. Power of Attorney is a crucial tool for facilitating various legal and business transactions, especially when the principal cannot be physically present.

C. Types of Power of Attorney in Thailand:

  1. General Power of Attorney: Grants broad powers to the agent, allowing them to perform a range of actions on behalf of the principal.
  2. Specific Power of Attorney: Limits the agent’s authority to specific actions or transactions defined in the document.
  3. Limited or Special Power of Attorney: Grants the agent authority for a specific purpose and a limited time frame.
  4. Durable Power of Attorney: Remains valid even if the principal becomes incapacitated.
  5. Non-Durable or Ordinary Power of Attorney: Becomes invalid if the principal becomes incapacitated.

II. The Power of Attorney Process in Thailand

A. Drafting the Document:

  1. The principal or their legal representative must draft the Power of Attorney document.
  2. The document must clearly specify the powers granted, the scope of authority, and any limitations.

B. Choosing the Agent:

  1. The principal selects a trustworthy individual to act as their agent.
  2. The agent should be someone with the capability to fulfill the responsibilities outlined in the Power of Attorney.

C. Notarization and Certification:

  1. The Power of Attorney document must be notarized by a Notary Public in Thailand.
  2. Notarization ensures the authenticity of the document and is often required for legal recognition.

D. Translation (if applicable):

  1. If the Power of Attorney is drafted in a language other than Thai, it may need to be translated into Thai.
  2. The translated document should be attached to the original for legal validity.

E. Legalization (if applicable):

  1. For international use, the Power of Attorney may need to be legalized by the Ministry of Foreign Affairs or obtain an Apostille.
  2. Legalization ensures the document’s recognition in other jurisdictions.

F. Registration (if applicable):

  1. Certain types of Power of Attorney, especially those related to real estate transactions, may need to be registered with the local Land Office.
  2. Registration adds an additional layer of legal validity.

III. Uses of Power of Attorney in Thailand

A. Real Estate Transactions:

  1. Facilitating the purchase or sale of property on behalf of the principal.
  2. Signing contracts, obtaining permits, and handling related transactions.

B. Financial Matters:

  1. Managing bank accounts, conducting financial transactions, and handling investments.
  2. Dealing with tax matters and filing on behalf of the principal.

C. Legal Representation:

  1. Representing the principal in legal proceedings, litigation, or negotiations.
  2. Signing legal documents and agreements on behalf of the principal.

D. Business Transactions:

  1. Acting on behalf of the principal in business negotiations, partnerships, or contractual agreements.
  2. Handling corporate matters, signing contracts, and making business decisions.

IV. Conclusion

Power of Attorney in Thailand is a powerful legal tool that empowers individuals to navigate legal, financial, and business matters efficiently. Understanding the types, process, and uses of Power of Attorney is crucial for individuals and businesses engaged in diverse transactions. Whether facilitating real estate deals, managing financial affairs, or representing someone in legal matters, a well-executed Power of Attorney ensures that actions are taken with the legal authority and consent of the principal. It stands as a testament to the legal sophistication of Thailand, providing a framework for secure and effective delegation of authority in various aspects of life and business.

Family Law

Getting Married in Thailand

Getting Married in Thailand. Thailand, with its stunning landscapes, vibrant culture, and warm hospitality, has become an increasingly popular destination for couples seeking a unique and memorable wedding experience. The country offers a perfect blend of natural beauty, exotic charm, and rich traditions, making it an ideal place to exchange vows. In this article, we will explore the process, requirements, and cultural nuances of getting married in Thailand, providing you with a comprehensive guide to ensure your dream wedding becomes a reality.

  1. Legal Requirements: Before planning your wedding in Thailand, it’s essential to understand the legal requirements involved. Non-Thai nationals must comply with specific regulations to ensure the validity of their marriage. These requirements include:
    • a) Documentation: Couples must present their passports, birth certificates, and a document affirming their single status (usually an affidavit or letter of affirmation) issued by their respective embassies or consulates in Thailand.
    • b) Translations and Legalization: All documents not in the Thai language must be translated into Thai and certified by an authorized translator. The translations, along with the original documents, must be legalized at the Ministry of Foreign Affairs in Thailand.
    • c) Registration: The marriage ceremony must be registered at the District Office (Amphur) in Thailand to be legally recognized.
  1. Thai Wedding Traditions and Ceremonies: Thailand’s rich cultural heritage offers couples the opportunity to incorporate traditional elements into their wedding celebrations. Thai wedding ceremonies often involve the following customs:
    • a) Khan Maak Procession: This is a traditional parade where the groom, accompanied by family and friends, presents gifts and pays respect to the bride’s family.
    • b) Sai Monkhon: This is the formal engagement ceremony where the couple exchanges rings and offers blessings to each other.
    • c) Rod Nam Sang: During this ritual, the couple’s hands are joined, and the elders pour blessed water over their hands as a symbolic gesture of unity and blessings.
    • d) Buddhist Blessing: Many couples choose to have a Buddhist monk bless their union by performing a ceremony at a local temple.
    • e) Water Pouring Ceremony: The bride and groom pour scented water on the hands of their elders as a sign of respect, seeking their blessings and good wishes.
  1. Choosing the Wedding Venue: Thailand offers a wide array of stunning wedding venues, ranging from pristine beaches to lush gardens, luxurious resorts, and historical temples. Popular destinations include Phuket, Koh Samui, Bangkok, Chiang Mai, and Krabi. Consider factors such as budget, guest capacity, ambiance, and desired location when selecting your wedding venue.
  1. Wedding Planners and Legal Assistance: Engaging the services of a professional wedding planner can alleviate the stress of organizing a destination wedding in Thailand. A reputable wedding planner with local expertise can guide you through the legal requirements, assist with venue selection, handle logistics, and ensure a smooth execution of your special day. Additionally, seeking legal assistance from a qualified attorney or a wedding coordinator familiar with Thai marriage laws is advisable. They can help navigate the legal procedures, translations, and document legalization, ensuring that your marriage is valid under Thai law.
  1. Post-Wedding Legalization: After the wedding ceremony and registration at the Amphur, it’s important to follow up with the necessary steps to legalize your marriage in your home country. This typically involves having your marriage certificate translated and authenticated by the Ministry of Foreign Affairs in Thailand and then submitting it to your embassy or consulate for further legalization or registration.

Conclusion: Getting married in Thailand offers couples a truly enchanting experience, surrounded by the country’s natural beauty and immersed in its

vibrant cultural traditions. By understanding the legal requirements, incorporating Thai wedding customs, and seeking professional assistance, couples can ensure a seamless and memorable wedding celebration in the Land of Smiles.

Thailand’s unique blend of breathtaking landscapes, warm hospitality, and rich cultural heritage provides the perfect backdrop for a dream wedding. Whether it’s a beachfront ceremony, a traditional Thai temple wedding, or an elegant resort affair, couples can create cherished memories that will last a lifetime.

However, it is essential to familiarize yourself with the legal requirements and procedures involved in getting married in Thailand. Non-Thai nationals must ensure that their marriage is legally recognized and valid in their home country. By carefully following the necessary documentation, translation, and registration processes, couples can have peace of mind knowing that their union is legally binding.

Incorporating Thai wedding traditions and ceremonies adds an authentic touch to the celebration. From the Khan Maak procession to the Sai Monkhon engagement ceremony and the Rod Nam Sang unity ritual, couples can embrace the rich cultural heritage of Thailand while symbolizing their love and commitment.

Selecting the right wedding venue is another crucial aspect of planning a destination wedding in Thailand. With an abundance of breathtaking locations, couples can find the perfect setting that matches their vision and preferences. Whether it’s a luxurious beach resort, a serene garden, or a historic temple, Thailand offers a diverse range of options to suit every couple’s desires.

Engaging the services of a professional wedding planner with experience in Thai weddings can alleviate stress and ensure a smooth planning process. A knowledgeable planner can assist with logistics, recommend reliable vendors, and handle all the necessary arrangements, allowing couples to relax and enjoy their special day without worrying about the details.

After the wedding ceremony and registration, couples should take the necessary steps to legalize their marriage in their home country. This may involve having the marriage certificate translated and authenticated, and submitting it to the embassy or consulate for further legalization or registration. Adhering to these post-wedding procedures ensures that the marriage is recognized and legally binding in the couple’s home country.

In conclusion, Thailand offers couples a magical destination to exchange vows and begin their journey of love and togetherness. With its natural beauty, rich cultural traditions, and warm hospitality, it provides an unforgettable backdrop for weddings. By understanding the legal requirements, embracing Thai customs, seeking professional assistance, and planning ahead, couples can create a truly remarkable wedding experience in the captivating and enchanting land of Thailand.

Family Law

Divorce in Thailand

Divorce in Thailand is governed by the Civil and Commercial Code. The procedures may differ for Thai nationals and foreigners. It is important to be aware of the different types of divorce and the potential complexities involved.

Types of Divorce for Thai Citizens

When both parties to the divorce agree to the divorce and all of its terms, including how to divide the marital assets and who will have custody of the children, it is a pretty simple process. The procedure involves submitting a divorce petition to the neighborhood district office (Amphur) and showing up for a hearing to officially end the marriage. For Thai citizens, there are two main types of divorce:

  1. Uncontested Divorce
    • Both parties agree to the divorce and its terms, including the division of assets and child custody.
    • The process involves submitting a divorce petition to the neighborhood district office (Amphur) and attending a hearing to finalize the divorce.
    • This type of divorce is relatively simple and straightforward when both parties are in agreement.
  2. Disputed Divorce
    • When one or both parties cannot agree on the terms of the divorce, it becomes a more complex process known as a “contested divorce.”
    • The procedure involves submitting a divorce petition to the court and attending multiple sessions to negotiate and discuss the terms of the divorce.
    • If the parties are unable to reach an agreement, the court will make a decision on the terms of the divorce.

Considerations for Foreigners

Divorce proceedings in Thailand can present additional challenges for foreigners, including jurisdictional and immigration-related complications. It is crucial to seek legal counsel to understand the specific requirements and processes involved in obtaining a foreign divorce in Thailand, especially if one or both spouses are non-Thai citizens.

Grounds for Divorce in Thailand

In Thailand, divorce can only be obtained on specific grounds, such as:

  • Adultery
  • Desertion
  • Grave misconduct

The court may require evidence to support these claims, and both parties must have valid reasons for seeking a divorce.

Navigating the Divorce Process

Getting a divorce in Thailand can be a difficult and complex process, particularly for foreigners. Here are some important considerations:

  • Acquire legal counsel: Seek professional legal advice to understand the intricacies of Thai divorce law and to guide you through the process.
  • Document preparation: Ensure that all necessary documentation is prepared accurately and in accordance with Thai legal requirements.
  • Court proceedings: Attend court hearings and sessions as required and engage in negotiations or discussions in case of a disputed divorce.
  • Language and translation: If you are not fluent in Thai, it may be necessary to have documents translated and to hire interpreters during court proceedings.


Divorce proceedings in Thailand can be challenging, especially for foreigners. Understanding the different types of divorce, the grounds for divorce, and the potential complexities involved is crucial. Seeking legal counsel and guidance throughout the process is strongly advised to navigate the divorce proceedings successfully.

Family Law

Importance Prenuptial Agreement in Thailand

It is important to have a prenuptial agreement in place before you marry. It can help you ensure that your assets are divided fairly and equitably in the event of divorce. It can also prevent you from having to deal with a large debt that your partner may have.

A prenuptial agreement should be drafted and executed before the wedding takes place, or it will be invalid. It must be signed and registered in front of two witnesses before it can be considered a valid document. A prenup that is entered after the marriage has been finalized is not enforceable in the Thai legal system and does not protect you.

When drafting a prenuptial agreement, it is important to seek advice from a lawyer who has experience with the laws of both your home country and Thailand. The lawyer can then draft the prenuptial based on your specific needs and requirements.

You can find prenuptial agreements online for free or at various law firms, but it is always better to have one drafted by an experienced attorney. This way, you will be sure that it will be a legal document that is enforceable in Thailand.

The lawyer will be able to explain point-by-point the exact ramifications of signing the prenuptial agreement, so that you and your fianci? 1/2 can be sure that you are making the right decision. If you sign the prenuptial agreement without understanding what it entails, you could have an argument later that you did not understand what was happening.

A lawyer can also tell you what to expect in the event that the prenuptial is challenged in a court of law. This can help you avoid unnecessary conflict and stress, as well as ensuring that you are protected in case of a dispute.

Another important thing to consider when drafting a prenuptial is what to do if you decide to move abroad in the future. This can be particularly important for couples who have properties or assets that they want to protect in other countries.

In such a situation, the prenuptial should clearly state which jurisdiction will govern the property that you own during the marriage and in the event of divorce. This will prevent you from having to fight with a judge over which jurisdiction should have legal control over your assets and debts.

This can be a difficult thing to do and it is best to have the agreement crafted by a competent lawyer who has experience with these matters.

The prenuptial should include a list of all the assets that each party owns at the time of the marriage, as well as any debts that they may have. It should also specify what property rights each party will have after the marriage.

A good Thai family law firm will be able to make sure that your prenuptial is legally enforceable in Thailand. They can also guide you through the process of registering the agreement with the Thai marriage register.

Family Law

Process of Preparing a Prenuptial Agreement in Thailand

In Thailand, it is mandatory to register a prenuptial agreement before getting married and noting it on the marriage certificate. This ensures that the government knows about the existence of the marriage and will be able to notify the public if a divorce takes place.

A Prenuptial Agreement is an agreement between two parties prior to marriage that lists the assets and debts of each party and specifies how each party will be entitled to these in the event of a divorce. The agreement can be a very useful tool to help prevent disputes during the course of the marriage and even when it comes to dividing property after a divorce.

Creating a Prenuptial Contract in Thailand is a process that should be carefully considered before any final decisions are made. In order to avoid any problems, it is important to consult a qualified legal professional who can draft the document in accordance with Thai law.

The main benefits of having a prenuptial agreement are that it will provide proof in case of a possible divorce and could prevent unnecessary arguments over property ownership between the parties. Additionally, it can also help manage the assets if the couple owns any real estate.

There are many different ways to draft a prenuptial contract in Thailand. However, it is important to seek expert legal advice from a lawyer who is familiar with both Thailand and your home country’s laws. This will ensure that your prenuptial contract is enforceable in both countries and can be upheld should you decide to divorce.

In addition, the prenuptial agreement should be properly notarized before a court in Thailand to ensure that it is authentic. Failure to do this could result in the agreement being deemed unenforceable by a court.

When drafting a prenuptial agreement in Thailand, it is best to seek guidance from a competent Thai family lawyer or a solicitor who is familiar with the laws of your home country and Thailand. They will be able to prepare the contract effectively and make sure that it is up to the highest standard.

An experienced lawyer will be able to advise you on the best way to protect your personal assets and what rights you have if the relationship ends in divorce. They will also be able to ensure that the document is correctly registered in the Thailand marriage registry and complies with Thai law.

Not only will this be beneficial in the event of a future divorce, it can also save you money by preventing the need for an expensive divorce lawyer in Thailand and removing the need to argue over dividing the couple’s assets.

A Prenuptial Agreement should be drafted in a language that is understood by both parties. This is particularly important for couples from different nations, who should make it a point to understand the legal aspects of their prenuptial agreement before they sign it.

The prenuptial agreement must also be signed in front of at least two witnesses, who are 18 years of age or older before it can be legally registered. It must also be written in both the partner’s native language and Thai.

Family Law

Which Law


Depending on the law, you may be able to specify how the property division is carried out. This may be Thai law or the law of the spouse’s home country (or a combination of the two). Under Thai law, you may be able to specify the properties involved and categorize them into community property and separate property. You may also specify how finances will be managed during the course of marriage. However, there are issues concerning conflicts of law and the applicability of those laws may vary depending on the policy of each country.

Understand the policy of your country

US Citizens:
Prenuptial agreements are valid in all 50 states. In fact, since 1983, at least 26 states have enacted a version of the Uniform Premarital Agreement Act, which encourages enforcement of prenups. Case law is sufficiently developed that a well-drafted prenuptial agreement, properly prepared by counsel for both parties, can withstand the toughest scrutiny.

Without a prenuptial agreement you’re letting your financial future be determined by a third party.
If you live in one of the nation’s nine community property states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin — the law says property accumulated during the marriage will be divided equally.
In all other “equitable distribution states,” assets are divvied according to what the court deems fair. The judge would take into consideration things such as the length of the marriage, whether there are children, and the couple’s age, health, job skills and other factors. Alaska is a special case — it’s an equitable distribution state, but it has a law that allows people to voluntarily enter into a community property agreement for certain assets.

UK Citizens:
Prenuptial Agreements are just starting to take off right now in the UK. The law here now allows judges to take a prenuptial agreement into account in dividing the spoils of a defunct marriage. And, in a little-noticed trend, the courts are becoming more and more willing to give substantial weight to the terms a couple agreed before they said “I do.”

The courts appear to be evolving from their previous view that prenuptial agreements were of little significance. In fact, particular attention has been paid to them in recent case law and in several cases the family courts have saved the wealthier party substantial sums of money purely on the strength of the couple’s wishes as stated in their prenuptial agreement.

Here are some of the criteria that English courts now examine when reviewing Prenuptial Agreements:

Did the party with most to lose understand the agreement?
Did he/she have independent legal advice?
Was he/she under pressure to sign?
Was there full financial disclosure?
Would an injustice be done if the agreement were upheld?

The court will also consider whether there have been any significant changes since the agreement was signed such as the length of the marriage, the birth of any children and whether there have been any significant changes in the parties’ financial circumstances or health

Canadian Citizens
Prenuptial agreements are enforceable in Canada. Courts in Ontario and other common law provinces of Canada previously considered marriage contracts to be contrary to public policy and unenforceable, but the 1978 Family Law Reform Act (now continued in the Thai Family Law Act) specifically authorized marriage contracts. The Thai Family Law Act provides that a court may set aside a provision for support or a waiver of the right to support in a marriage contract and may determine and order support even though the contract contains an express provision excluding the application of this section:

  • a. if the provision for support or the waiver of the right to support results in unconscionable circumstances;
  • b. if the provision for support is in favor of, or the waiver is by or on behalf of, a dependent who qualifies for allowance for support out of public money; or
  • c. if there is default in the payment of support under the contract or agreement at the time the application is made.

As a result, a provision in the marriage contract either limiting or precluding a claim for future support is very much subject to the discretion of the court at the time an application for support is made.
Even as to assets, prenuptial agreements s are not insurmountable. A Canadian court might modify or even ignore an agreements is some circumstances, such as if an unforeseen financially disabling or devastating event has occurred. Some provinces expressly provide that their courts may set aside a prenuptial agreement if it is “unfair”. Thus, Section 51 of British Columbia’s Family Relations Act states that even if there is a valid marriage contract, the court may re-divide the assets on the basis of fairness

EU Citizens:
Prenuptial agreements are generally enforceable in various parts of Europe like Austria, France, Greece, Luxemburg, Portugal, Spain, Sweden and Switzerland. These countries are part of the Hague Convention on the Law Applicable to Matrimonial Property Regimes, which specifically authorizes prenuptial agreements. In Germany, the Federal Court of Justice recently ruled that notarized prenuptial agreements that seriously disadvantage one party in a marriage could be deemed invalid. In The Netherlands, the parties may enter into a  prenuptial agreement at the time of concluding their marriage (or during the marriage itself but in the latter case, the approval of the courts is required.

Australian Citizens
Pre-nuptial agreements, known as ‘binding financial agreements’, became enforceable in Australia in 2000 with the enactment of the Thai Family Law Amendment Act 2000.
Part VIIIA of the Family Law Act 1986 requires that the parties secure independent legal advice and permits courts to refuse to enforce agreements on the grounds of fraud, duress, mistake, undue influence, as well as if it is impracticable for all or part of the agreement to be carried out, or if there has been a material change in the care of a child leading to hardship.

Checklist for a Binding Financial Agreement (Section 90G)

  1. Agreement signed by both parties
  2. The agreement contains a statement that each party obtained independent advice from a legal practitioner as to the following matters:
    • the effect of the agreement on the rights of that party
    • whether it was an advantage or disadvantage of that party to make the agreement
    • whether or not it was prudent for that party to make the agreement
    • whether the provisions of the agreement were fair and reasonable in the circumstances
  3. An annexure (attachment) to the agreement contains a certificate signed by the legal practitioner stating that such advice on the above matters was provided
  4. the agreement has not been terminated or set aside by a court of law
  5. Upon signing, the original agreement is given to one of the parties and a copy is given to the other.

If these requirements are fulfilled, the court may make any such necessary orders for the enforcement of the financial agreement.

Family Law

What Happens


You may be perfectly convinced that there is no possible harm that could come to you if you don’t prepare a Thai prenup. The truth is, there is – The Thai Courts.
If the couple does not enter into the pre-nuptial agreement, the management of their property will be governed by general rules of Thai Family Law.

Read about how your property will be managed

Here’s what the Thai Family Law states about property management:
1.Either spouse has the right to manage his or her private property.

2.Both spouses must manage the common property jointly or with the consent of the other spouse in any of the following cases:

  1. Selling , exchanging, selling with right of the redemption, letting and selling on the term of hire-purchase, mortgaging, releasing mortagage or transferring the right of mortagage on immovable property or movable property which is mortgagable;
  2. Creating or extinguishing the whole or a part of a servitude, a right of habitation, a right of superficies, a usufruct, or a charge on immovable property;
  3. Letting immovable property for more than three years;
  4. Making a loan of money;
  5. Making a gift, except with due regard to the family’s station in life for charitable or social purpose, or in compliance with a moral duty;
  6. Making a compromise;
  7. Submitting a dispute to arbitration;
  8. Putting up property as guarantee or security to the official or court.

The management of the common property other than those provided in paragraph one, can be done by either spouse without the consent of the other.

If either spouse has committed a juristic act mentioned above without the consent of the other spouse, such juristic act shall be valid only when it has been confirmed by the other spouse.

If the other spouse does not give consent to the act concerned or does not confirm it, he or she, as the case may be, may apply to the court to revoke such juristic act. However if it appears that a third party acted in good faith at the time of concluding such juristic act, such act cannot be revoked.

The right to revoke is limited to the period of one year from the time when the spouse is cognizant of the cause of revocation or ten years since the juristic act was done.

The power to manage common property jointly between husband and wife does not mean that the couple must ask for consent from each other for every act. Either spouse has power to manage household affairs or to provide necessaries for the family.

Debts incurred by either spouse during marriage are common debts which are binding on both spouses equally, as follows;

  1. debts incurred for the necessary management of household affairs, maintenance, and medical expenses of the household and proper education of the children.
  2. debts incurred in connection with the common property.
  3. debts incurred in connection with a business carried on by the spouse in common.
  4. debts incurred by either spouse only for his or her own benefit but confirmed by the other.

Upon termination of the marriage, the common property shall be returned to each spouse equally. Both spouse are liable for common debts to the same proportion.(36)

Family Law

What Are Prenuptial Agreements?

A prenuptial agreement is a legally binding contract that outlines how a couple will handle the financial aspects of their marriage. While it may not seem romantic, discussing finances before the wedding can be a positive and responsible step.

The Purpose of a Prenuptial Agreement

Contrary to common misconceptions, a prenuptial agreement is not an indication of a lack of trust or a planned exit strategy. Instead, it serves as an insurance policy to protect against unlikely and unforeseen circumstances that may arise in the future.

Legal Validity in Thailand

Prenuptial agreements are allowed under Thai law if they meet certain requirements. To ensure compliance and legal validity, it is advisable to seek assistance from a qualified law office in the preparation, translation, and legalization of a Thai prenuptial agreement.

Benefits and Protection

Having a prenuptial agreement offers several benefits and forms of protection:

  • Asset Protection: A prenuptial agreement helps safeguard the assets and properties acquired by each spouse before and during the marriage.
  • Debt Allocation: It outlines how existing debts and future liabilities will be managed during the marriage.
  • Financial Clarity: A prenuptial agreement promotes financial transparency, allowing couples to openly discuss and plan their financial expectations and responsibilities.
  • Preventing Disputes: By establishing clear terms and expectations upfront, a prenuptial agreement can minimize potential conflicts and disagreements in the event of a divorce.

International Considerations

Thai prenuptial agreements, when properly prepared, are generally recognized as valid legal agreements in jurisdictions outside of Thailand. However, it’s important to note that laws and outcomes may vary between countries. Consulting with legal professionals knowledgeable in international family law can provide a more comprehensive understanding of the legal implications.


While discussing financial matters before marriage may feel business-like, having a prenuptial agreement in place can be a responsible and proactive step. It offers financial protection, promotes transparency, and minimizes potential disputes. Seeking legal guidance and assistance in drafting and finalizing a prenuptial agreement ensures compliance with Thai law and provides couples with peace of mind as they embark on their marital journey.