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Prenuptial Agreement Drafting and Formalization in 2026?
Transcript of the above video:
As the title of this video suggests, we are discussing prenuptial agreements here in Thailand, specifically drafting and formalities associated therewith, and do I see any changes to any of this going into 2026. I always like to take an opportunity at the end of the year to do kind of roundups on general topics that I may discuss specifically throughout a given year, but I have to remember that people that watch these videos - I have over 8,300 videos I have made in almost 10 years - so in my mind, sometimes I'll make a video on a topic and I'm like "oh I can put that to rest, we don't need to discuss that anymore". Although I sort of know instinctively yeah, at some point we are going to have to review that again on this channel, I don't do it as often as I should, so I like to take a moment at the end of the year to make these videos to kind of go back through the generalities associated with a given topic, in this case prenuptial agreements.
For those who are unaware, it is possible to have a prenuptial agreement under Thai Law including with a Thai marriage. Now there are formalization requirements associated with registration of the prenuptial agreement. Those formalities may not necessarily be conducive with the interests of a given individual who is looking for a prenuptial agreement and for this reason, it is probably a good idea to contact a legal professional before getting married or going down the track of even discussing prenups or looking at prenups without talking to somebody first, because depending on your circumstances, Thailand might not be the optimal jurisdiction to be getting married for purposes of both the terms of a prenuptial agreement, also with respect to the terms of enforcement of a prenuptial agreement for various reasons.
Again Thai Law does allow for prenups unlike other jurisdictions that may not. The United States also allows for prenups, but it may be optimal to deal with the prenup in the United States rather than Thailand, again depending on the given facts in a given case. And it's not a foregone conclusion that that's always the case; sometimes it's better to do things here. Again it depends on the underlying facts.
But the thing to take away from this video is overall, I don't see where anything major has changed in 2025 with regard to how prenups are drafted or how they are formalized either under the Thai system or the American system. Now again, those who feel a bit overwhelmed by this topic generally speaking, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.
