Marriage is not only a personal and cultural milestone but also a legal contract that creates rights and obligations between spouses. In Thailand, couples—whether both Thai nationals or mixed-nationality partners—often wish to safeguard their financial interests and clarify expectations before entering into marriage. A prenuptial agreement (commonly called a “prenup”) is one of the most effective legal tools for this purpose.
This article explains the legal framework, requirements, drafting process, and practical considerations for preparing a valid prenuptial agreement in Thailand.
Legal Framework of Prenuptial Agreements in Thailand
The governing law is the Thai Civil and Commercial Code (CCC), Book V: Family Law. Key provisions include:
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Section 1465 – A prenuptial agreement must be in writing, signed by both parties, and registered with the marriage at the local District Office (Amphur).
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Section 1466 – A prenup cannot include provisions contrary to public order, good morals, or rules regarding marital duties.
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Section 1467 – After marriage registration, the prenup cannot be modified unless approved by a court.
The CCC makes it clear that a prenup is not just a private contract. It must comply with strict formalities to be valid and enforceable.
Purpose of a Prenuptial Agreement
A prenuptial agreement allows spouses to:
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Clarify property rights – Distinguish personal property (Sin Suan Tua) from marital property (Sin Somros).
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Protect family or business assets – Ensure that premarital or inherited assets remain separate.
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Plan for debt responsibility – Prevent one spouse’s personal debts from affecting the other.
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Set financial management rules – Decide how marital property will be managed during the marriage.
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Avoid future disputes – Provide certainty in the event of divorce or separation.
For foreigners marrying in Thailand, a prenup can also ensure that assets in other jurisdictions are acknowledged under Thai law.
Requirements for a Valid Prenuptial Agreement
For the agreement to be legally enforceable, the following conditions must be met:
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Written Agreement
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Oral agreements are not valid. The prenup must be a written document in clear language.
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Signatures of Both Parties
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The couple must sign the prenup in the presence of at least two witnesses.
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Registration at Marriage
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The prenup must be submitted to the Amphur at the same time as the marriage registration. If not registered, the document will be considered void.
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Lawful Terms
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Provisions must not conflict with Thai public policy or moral standards. For example, a clause that permanently waives child support would not be enforceable.
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No Post-Marriage Alteration
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Once registered, the prenup cannot be modified except by a court order.
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Language
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The document should be prepared in Thai. If one party is a foreigner, an English (or other language) version should also be prepared for clarity, but the Thai version will prevail in legal proceedings.
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Content of a Prenuptial Agreement
A well-drafted Thai prenup usually addresses:
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Identification of Parties – Full legal names, nationalities, addresses, and passport/ID details.
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Definition of Personal Property – Property owned before marriage, inheritances, or gifts.
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Marital Property (Sin Somros) – Rules for managing income, jointly acquired property, and investments during marriage.
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Debt Responsibility – Allocation of liability for personal and joint debts.
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Business Interests – Ownership and management of business shares or companies.
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Division of Property Upon Divorce – Framework for fair division, subject to Thai law.
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Governing Law – Confirmation that Thai law applies to interpretation and enforcement.
Drafting Process
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Consultation with Lawyers
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Each party should seek independent legal advice. While not mandatory, it ensures fairness and reduces the risk of later disputes.
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Disclosure of Assets and Liabilities
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Both parties should make full financial disclosure. Concealing assets may undermine enforceability.
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Drafting the Agreement
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The lawyer prepares the draft in Thai and, if necessary, in another language for the foreign party.
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Review and Negotiation
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Both parties review, discuss, and amend the terms until mutual agreement is reached.
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Finalization and Signing
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The prenup is signed in the presence of witnesses before or on the day of marriage registration.
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Registration at Amphur
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The prenup must be filed with the Amphur along with the marriage registration documents. The Amphur officer will keep a copy as part of the marriage record.
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Special Considerations for Foreigners
Foreign nationals marrying in Thailand should note the following:
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Embassy Affidavit – Before marriage, foreigners usually obtain an “Affirmation of Freedom to Marry” from their embassy in Bangkok. This process may also be an opportunity to confirm recognition of prenuptial agreements in their home country.
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Dual Language Agreements – Ensure the prenup is bilingual (Thai + English or another relevant language). The Thai text will control in Thai courts.
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International Enforcement – Some jurisdictions may not automatically recognize a Thai prenup. Couples with assets abroad should consult lawyers in both Thailand and their home country.
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Property Ownership Restrictions – Foreigners cannot directly own land in Thailand. A prenup can clarify arrangements for property held in the Thai spouse’s name.
Limitations of Prenuptial Agreements
While powerful, prenups in Thailand have limits:
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They cannot override mandatory spousal duties, such as mutual financial support.
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They cannot waive rights relating to child custody or child support, which are decided by the court based on the child’s best interests.
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They cannot contain provisions contrary to law, morality, or public order.
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They cannot be altered after marriage registration without a court’s approval.
Common Mistakes to Avoid
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Not registering the prenup at the Amphur (making it void).
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Signing after marriage registration (not legally valid).
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Using vague or overly broad language, which may cause disputes.
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Failing to disclose assets, leading to later challenges.
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Drafting only in English without a Thai version.
Practical Tips
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Start early: Draft the prenup well before the marriage date.
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Use a qualified Thai lawyer familiar with family law and international cases.
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Prepare bilingual versions if one spouse is a foreigner.
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Keep certified copies for future reference.
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Review the agreement carefully to ensure it reflects both parties’ intentions.
Conclusion
A prenuptial agreement in Thailand is more than a private understanding—it is a legally recognized instrument governed by strict statutory rules. By clearly defining property rights, debts, and financial responsibilities, a prenup provides security and clarity for both Thai nationals and foreign spouses.
However, the agreement must be carefully drafted, signed, and registered at the time of marriage to be valid. For couples with cross-border ties, legal advice from both Thai and foreign counsel is highly recommended to ensure enforceability in all relevant jurisdictions.
When properly prepared, a prenuptial agreement in Thailand can help couples begin their married life with confidence, transparency, and peace of mind.