If you love Thai people and want to marry. You have 2 options about marriage in Thailand. You can marry with or without registration. Although, the registration of the marriage with Thai people is a way that you may get Thai nationality, you should consider the consequences as well. If you register your marriage according to Thai law. If you do not make the Prenuptial Agreement with your wife/husband, your properties or money such as salary which you acquire after the registration of the marriage will be the marriage portion which belong to you and your wife/husband equally. Meanwhile your wife/husband ‘s properties or money such as salary which he/she acquires after the registration of the marriage belong to you and your wife/husband equally as well. Nevertheless, the properties which you acquire before the registration of the marriage belong to you which are the separate property but its fruits are the marriage portion. Nevertheless, Civil and Commercial Code section 1471 specifies an exception for some properties which you acquire during the registered marriage to be the separate property which belong to only you such as “the personal things, the dress or the ornament suitable for status in own living or the tools and the instruments necessary to carry on” your profession. ( Boonruam Thiamchan, The Civil and Commercial Code Thai-Eng 7th ed, Year of publication: 2013 page 358 ), property which you are given including the engagement gift or property which you inherit including by will.
In the case that you pass away, half of the marriage portion will be given to your wife or husband if he/she is alive. The rest of the properties will be the heritage for your children, parents etc. if you do not make a will. After you pass away, your wife/husband will receive half of the marriage portion. Then, the rest of the properties will be the heritage, some of which your wife/husband will be one of your heirs to receive the amount depending on his/her right according to Thai Civil and Commercial Code. Nevertheless, you can make a will to dispose of the separate property to anyone you want and you can choose to dispose of these to your wife/husband or not. However, you cannot make a will for or dispose of the marriage portion over half of it without the consent of your wife/husband unless you make the Prenuptial Agreement with your wife/husband. Thus, if you would not like the marriage portion to belong to your wife/husband equal to you, you and your wife/husband can make the Prenuptial Agreement and deliver it to the official while you register the marriage. The properties such as salary will belong to you in the amount as the Prenuptial Agreement specifies.
Husband or wife has the right “to manage the household affairs and” “procure the necessaries of the family suitable to” the condition in their own life, the expenses of which bind both husband and wife to be responsible to pay from their properties including each separate property. ( Boonruam Thiamchan, section 1482, The Civil and Commercial Code Thai-Eng, 2013 page 361)
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