Educational Information Only
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Is a prenuptial agreement valid in Thailand?
Yes, prenuptial agreements are recognized under Thai law if signed before marriage registration and registered at the amphur along with the marriage.
Detailed Answer
Prenuptial agreements (สัญญาก่อนสมรส) under the Civil and Commercial Code: **Requirements for validity:** 1. Must be in writing 2. Must be signed by both parties before marriage registration 3. Must be registered at the amphur (district office) at the same time as the marriage 4. Both parties must have independent legal capacity 5. Terms must not violate public order or morals **What can be agreed:** - Classification of personal vs. marital property - Management of marital property - Division of assets in case of divorce - Protection of pre-existing assets **What CANNOT be included:** - Child custody arrangements (decided by court at time of divorce) - Terms that violate Thai law or public policy - Terms signed after marriage (these would be a post-nuptial agreement, which has different legal standing) **For foreigners:** Prenups are especially important as they can protect pre-marital assets and clarify property rights when one spouse is a non-Thai national. Having the agreement in both Thai and English is recommended.
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