Will a prenuptial agreement drafted in Australia be recognized in Thailand after a wedding there?

Aug 18, 2021
3 years ago
Aspiring lawyers; Thailand is a signatory of the Hague convention, therefore, would a prenuptial agreement drafted in Australia, be recognised under Thai law following our wedding in Thailand?
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TLDR : Answer Summary
The recognition of a prenuptial agreement drafted in Australia under Thai law is complex. Generally, Thai law requires that prenuptial agreements be signed within Thailand to be valid. Several commenters advise hiring a local lawyer to ensure compliance with Thai legal standards. Concerns about the enforcement of such agreements and their implications for asset protection were discussed. Various opinions were shared regarding the practicality and safety of maintaining assets outside of Thailand and the necessity of a prenup in the context of Thai-Farang marriages.
Steven *********
@Justin ********
I talked with Mat and he says you can contact him on Whatsapp if you haven't tried to contact him already.
Mark ********
Phill ******
run forest ,run .
Martin ***********
Thailegalprotection.com

Currently costs about 495B monthly for legal advice.
Paul *******
Speak independent to a thai lawyer in Thailand
Stéfan ********
This is Thailand, where the law and the application of the law arbitrarily meet. I’m sure that your girlfriend is a lovely person but a prenup could easily be discarded and you being rendered powerless.
Mike *******
No !!!!

Pre nuptials are nebulous at best an down right evil at worst.

If you think you need one you are half way to acknowledging you're in trouble. !!!!

'Live in Sin', and a common law action might cause you grief but, you only have to defend it, which comparative easy !!!

Good Luck !!
Nicky ******
Jim **********
I had a prenuptial, and when I got divorced it was respected and adhered to by the Thai court. That was about 4-5 years ago.
Justin *****************
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เอ็ดเวิร์ด *******
@Justin ********
why not be public about contact details?
Justin *****************
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@Jim *********
good to know , can you please inbox me his/her contact details.
Jim **********
@Justin ********
My lawyer. Farang, but his practice is here in Thailand. It effectively ring-fenced all assets held outside of Thailand, and all valuable possessions pre-dating the marriage. Everything gained after the marriage such as our house and some property were part of the marital assets that were halved. Which was fair in my mind, and I had no problem with that.
Justin *****************
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@Jim *********
who drafted it?
Greg ******
If you are worried about your stuff, don’t get married to anyone anywhere. You will be one judge away from total loss.
Otis ******
Try get an Apostille

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Frank ******
Like childish children these bored keyboard warriors
Justin *****************
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@Frank *****
not aspiring lawyers it might seem!
John **********
Prenups aren't even recognised in the UK mate. They are looked at but they are still gonna break down your finances on the yardstick of equality. Also the Hague convention is about child protection and not money.

Source - i was a UK family solicitor
Justin *****************
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@John *********
not according to counsel in Australia
John **********
@Justin ********
yeah I imagine Thailand has its own rules and a Thai prenup is probably fine.

Yeah a prenup gives an indication it isn't really worth the paper it's on
Justin *****************
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@John *********
understanding of, however, like Australia, if the clear intention is outlined in a prenuptial agreement, it gives a court or judge an indication of that intent at least.
Ritesh ********
Durrant ********
If you can't afford to lose it don't buy it. This is the only advise you need...
Cedrik *********
Does any prenup matter if the wife has a crooked Thai lawyer who pays a crooked Thai government official?
Grant ************
They’re not recognised in Australia 😆
Colin ********
And the simple solution is keep the majority of your money outside Thailand only keep enough here for your living expenses 😆
Colin ********
May be you aren't ready to marry??
Colin ********
@Justin ********
I'm just saying if he's worried about the money a prenup is no safety guard in Thailand, safer to keep it elsewhere
Justin *****************
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@Colin *******
I strongly disagree with your premise.
Colin ********
Or BTC etc as someone suggested
Colin ********
Keep your money separate and outside of Thailand
Colin ********
@Brad *******
I've been married to a Thai 10 yes and my first wife of 5 years was Thai and I've lived there since 2004, so I do understand but prenup isn't the answer.
Brad ********
@Colin *******
Thai/Farang relationships are often very misunderstood. There are many well written books about it. You can both love each other and still not know a thing about each other's cultural differences. I see it all the time. I see it so much that I suggest you date for 2-3 years before marriage.
Brad ********
@Colin *******
I agree that a prenup wouldn't be the only backup. I think you can very much be in love and have a prenup. When you fall in love and you are certain 100 percent that's a great thing! The problem is your human and she is human and conditions change down the road regardless of your devotion today. A prenup in Thailand would help secure those possible scenario's. Like I said. Most people that get married feel completely different about each other 10 years down the road. They may or may not love each other but it will be a different type of partnership for MOST in 10 years. Protect your interests and yourself.
Colin ********
@Brad *******
Totally agree. My point is if you want or need a prenup your not 100% on the relationship and there isn't 100% trust, Which I get. But a prenup is NOT the answer. There are better ways to keep your money safe.
Brad ********
@Colin *******
I think the question begs will a prenup help and I think it would. If a prenup is not honored than maybe your suggestion could have merit. Quite honestly if you hold your money in a Crypto stable coin with no volatility than NO one can get your money. I prefer Bitcoin but some don't like the volatility.
Colin ********
@Brad *******
and a prenup will solve what? Just hide your money outside Thailand
Justin *****************
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@Brad *******
cheers Brad, yes its quite reasonable, acceptable for couples to map their intentions out in this manner. I agree with your sentiments.
Brad ********
@Colin *******
I think he is just being smart. We think we know everything about the person we marry and than boom. An extremely large amount of Thai/Farang marriages end in divorce. I would think all the couples would have thought they could have made it but the stats sing a different tune.
Justin *****************
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@Colin *******
thankyou for your perspective Colin
Lawrance **********
From my understanding with prenup agreement - if children come along the way the prenuptial becomes invalid basically.
Goudoune ************
The hague convention is not about where you got married but about where is the usual place of residence of the kid...
Steven *********
Call Mat at 0910959074. He's an Australian lawyer in Thailand that has experience in Family law. He can probably help you or tell you who can.
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*****
. He's an Australian lawyer in Thailand that has experience in Family law. He can probably help you or tell you who can.
A-I-*****
Better to do it the right way:

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Justin *****************
ORIGINAL POSTER
@ThaiLegal**********
appreciated thanks
Stephenie **********
Rent not buy my friend
Rollo ************************
@Mike *********
we are— 😝
Mike **********
@Stephenie *********
hmmm? I thought we were talking about the women here 🤣
Stephenie **********
@Mike *********
its like going to the casino living in Thailand take only what you can afford to lose
Mike **********
@Stephenie *********
now that is sound advice 🤣🤣
Jaap ************************
OP: No! Marry under Laws of OZ with a prenuptial. If marriage fails the laws of the prenuptial country is final law. Keep assets not in LOS (like shares or crypto etc) Apart from that, make a marriage ceremony acc to Thai Law in her city/village for saving face and Thai dowry. Arrange paperwork at home
Mark ********
Without checking the CCC in detail, it seems that if the prenuptial was registered with the marriage (if both carried out abroad) and otherwise complies with Thai law, I suspect that the court would at least strongly take it into account without good reason
Mark ********
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Mark ********
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Mark ********
No reason they shouldn't. Depends on what Thai law says regarding the requirements for pre-nuptials (which I don't know about) Some countries will accept a properly drawn up prenuptial regardless of where it was drawn up. Is don't know what the specifics are for Thai pre-nuptials in terms of content, registration etc.
Mark ********
@Jaap ***********************
jurisdiction is usually determined by residence. You can state a jurisdiction in the prenuptial but it doesn't mean that it can only be enforced that way
Nick *******
Alisa Khotsombat at Pattaya City Express Law will help you out. 083 417 3550,
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Nick *******
@Garrett **********
So you judge a service based on whether a Hotmail account is used or not. The lady in question is VERY professional and provides an EXCELLENT service. The very fact she has been recommended should tell you something! No? Also, what about finding out for yourself and doing some initial due diligence. Dismissing her just because of the use of an email address is western snobbery, short sighted and very lazy. Have a nice day 😉
Nick *******
@Tod ********
Oh I think I do and from the horses mouth.
Mark ********
@Tod ********
maybe tech nerds think these things are important than the rest of the world or 'normal' people. Most clients are just interested in ease and reliability of contact than what a Hotmail account means
Mark ********
@Tod ********
I've used a Hotmail account professionally (albeit mostly as a secondary/backup account) for 25 years. I've never had another lawyer or court official mention that it wasn't "professional". Particularly for small firms or independent lawyers, it isn't uncommon
Garrett ***********
@Ni**
I know the lack of professionalism of having a Hotmail email address for a legal business is enough to steer me elsewhere.
Nick *******
@Garrett **********
Then you don’t know much.
Garrett ***********
@Ni**
Would never hire a lawyer with an @hotmail email address...
Mike ********
This is the perfect life decision to validate on Facebook.
Steve ***********
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Stuart **********
@Justin ********
Try to get any visa except that one.
Justin *****************
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Stuart **********
@Justin ********
maybe not. There are other visa options you can exist on here.
Justin *****************
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@Stuart *********
does that still meet the requirements for a non o type marriage visa?
Justin *****************
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@Stuart *********
appreciate your message
Stuart **********
@Justin ********
I understand from lawyers here that pre-nups, even locally drafted, aren’t set in concrete and can be changed or rejected when the time comes. Any of the established Thai firms you find on google can do it. Also Ann @ Adlaw 088-699-1112
Justin *****************
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@Steve **********
that looks good, appreciated.
Gary ****
The Only prenuptial that would stand up in Thailand would be signed in Thailand. A prenuptial signed in Australia would have zero effect on Thai assets chased under Thai law.
Gary ****
@Justin ********
I recently used isaanlawyers.com for prenuptial and usufruct and had excellent service. The owner is Canadian. I've also seen siamlegal recommended by many people.
Justin *****************
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@Gary ********
thankyou, do you know a reputable lawyer who works in that jurisdiction?
Martin ********
TIT
Aaron ******
I’m going to put this as nicely as I can.

If you have enough money where a prenup makes sense you have enough money to hire a lawyer in Thailand to make sure everything is in order.
Justin *****************
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Simon Holt thanks for your valuable contributions and blessings.
Justin *****************
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@Aaron *****
thanks, I very been asking friends in Thailand and called the legal services commission in Australia, thus this post today. A member just posted a helpful link, its a good starting point, I appreciate your reply, cheers.
Justin *****************
ORIGINAL POSTER
Simon Holt thanks, yes I do realise that, can you recommend a lawyer in that jurisdiction?
Aaron ******
@Justin ********
sadly the lawyers I personally know in Thailand are corporate lawyers. Can’t help with real recommendations. But if you are curious about cell phone tower law….

But to be serious

My first thought would be to contact your lawyer (the one who wrote this for you) and ask them if they have a colleague in Thailand they would recommend. That would be the most likely option to make sure all your bases are covered. After all you don’t want it to work perfect in Thailand but not in Australia.

My second would be to ask around the expat community. Try to find someone who actually has done this and been divorced (so you know it held up) if possible.

My third would be to ask the Australian consulate.

But my guess is your lawyer in Australia can find you a lawyer via their network.
Justin *****************
ORIGINAL POSTER
@Aaron *****
not looking for niceties, just information, if you can recommend a lawyer specialising in family law that would be appreciated.
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