A prenuptial agreement (or “prenup”) is a legal contract made between two people before they get married, outlining how their assets and financial matters will be handled in the event of divorce or separation. In Thailand, a prenuptial agreement is recognized under the Thai Civil and Commercial Code, but it must comply with strict legal requirements to be valid.
A well-drafted prenuptial agreement can protect each spouse’s assets, clarify financial responsibilities, and prevent legal disputes in the future. Whether you are a Thai citizen or a foreigner marrying in Thailand, understanding the legal aspects of a prenuptial agreement is essential.
1. What is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract signed before marriage that outlines:
✔ Ownership of assets and properties (before and during the marriage)
✔ Financial responsibilities of each spouse
✔ Debt responsibilities
✔ Property division in case of divorce
💡 Example: A foreign businessman marrying a Thai woman owns a company abroad. A prenup ensures that the company remains his separate property if they divorce.
2. Why is a Prenuptial Agreement Important?
✅ Protects Premarital Assets – Ensures that property acquired before marriage remains with the original owner.
✅ Clarifies Financial Responsibilities – Avoids misunderstandings regarding financial contributions.
✅ Prevents Legal Disputes – Reduces conflicts over asset division in case of divorce.
✅ Protects Inheritance Rights – Ensures family wealth stays with intended heirs.
✅ Avoids Debt Liability – Prevents one spouse from being responsible for the other’s debts.
💡 Example: A Thai woman marries a foreigner who has debts in his home country. A prenup ensures she does not become liable for those debts.
3. Legal Requirements for a Prenuptial Agreement in Thailand
A prenuptial agreement in Thailand must comply with the Thai Civil and Commercial Code (Sections 1465-1469).
3.1 Essential Legal Requirements
✔ Must be in writing – Verbal agreements are not valid.
✔ Signed by both parties – Each spouse must willingly sign.
✔ Two witnesses required – Must be signed in front of two witnesses.
✔ Registered at the District Office (Amphur/Khet) – Must be registered on the same day as the marriage.
✔ Must comply with Thai law – Cannot violate Thai public policy or laws.
💡 Example: A couple signs a prenup but forgets to register it at the District Office. The agreement becomes invalid in case of a divorce.
4. What Can a Prenuptial Agreement Cover?
A valid prenuptial agreement can include:
✔ Personal vs. Marital Property – Clearly defines which assets belong to each spouse.
✔ Debt Responsibility – Specifies which spouse is responsible for debts.
✔ Financial Management – Defines who manages finances during the marriage.
✔ Property Division – Determines how assets will be divided in case of divorce.
✔ Inheritance Rights – Protects family wealth and ensures it goes to intended heirs.
4.1 What a Prenup Cannot Include
❌ Child custody or child support Thailand arrangements (decided by Thai Family Court).
❌ Terms that violate Thai law or public morality.
❌ Provisions that give one spouse unfair control over the other.
💡 Example: A prenup stating that the wife gets nothing in a divorce will be voided by the court for being unfair.
5. How to Draft a Prenuptial Agreement in Thailand
Step 1: Hire a Lawyer
- A Thai family lawyer ensures the prenup complies with Thai law.
- Each spouse should have independent legal counsel to prevent conflicts of interest.
Step 2: List All Assets and Liabilities
- Identify assets owned before marriage (e.g., land, businesses, savings).
- Identify debts before marriage to protect each spouse.
Step 3: Define Property Division Rules
- Decide how assets will be divided if the marriage ends.
- Clarify whether property acquired during the marriage is joint or separate.
Step 4: Outline Financial Responsibilities
- Define each spouse’s role in managing money, bills, and investments.
- Specify who is responsible for household expenses or business debts.
Step 5: Review and Sign in Front of Witnesses
- Both parties must sign the prenup with two witnesses present.
- The prenup must be registered at the Amphur/Khet on the day of marriage.
💡 Example: A foreign man marrying a Thai woman includes a clause in the prenup stating that his condominium in Bangkok remains his separate property if they divorce.
6. Prenuptial Agreement for Foreigners in Thailand
6.1 Can Foreigners Sign a Prenuptial Agreement in Thailand?
✔ Yes, but the prenup must comply with Thai law and be registered in Thailand.
✔ If the foreign spouse’s home country has different laws, they should check if the prenup will be recognized abroad.
6.2 Cross-Border Recognition
- Some countries do not recognize Thai prenups.
- If a foreigner plans to enforce a Thai prenup abroad, they should consult a lawyer in their home country.
💡 Example: A German man marries a Thai woman and signs a prenup. Later, in Germany, the courts review whether it follows German law before enforcing it.
7. Can a Prenuptial Agreement Be Changed or Canceled?
🔴 After marriage, a prenup cannot be changed unless:
✔ Both spouses agree and seek a court order.
✔ The prenup violates Thai law, in which case the court may cancel it.
💡 Example: A couple realizes their prenup is unfair after five years of marriage. They must go to court to modify or cancel it.
8. What Happens If There Is No Prenuptial Agreement?
If a couple does not sign a prenup, Thai law applies:
✔ Marital Property (Sin Somros) – All assets acquired during marriage are shared equally.
✔ Personal Property (Sin Suan Tua) – Assets owned before marriage remain separate.
✔ Debt Responsibility – Any debt acquired during the marriage is shared by both spouses.
💡 Example: A foreign businessman buys a house in Thailand after marriage. Without a prenup, the house is considered joint property and will be divided in a divorce.
9. Common Misconceptions About Prenuptial Agreements
❌ Prenups are only for the rich. (False – Anyone can use a prenup to protect assets.)
❌ Prenups are a sign of distrust. (False – They provide financial clarity and prevent disputes.)
❌ Prenups can include anything. (False – Thai law does not allow unfair terms.)
❌ Foreign prenups are valid in Thailand. (False – Only prenups registered in Thailand are enforceable.)
10. Conclusion
A prenuptial agreement in Thailand is a valuable legal tool that protects assets, finances, and inheritance rights. Whether you are Thai or a foreigner, signing a legally valid prenup can prevent future disputes and financial losses.
✔ Key Takeaways:
- A prenup must be signed before marriage and registered at the District Office.
- It protects premarital assets, clarifies debt responsibility, and prevents legal conflicts.
- It cannot include child custody, unfair terms, or illegal provisions.
- Foreigners should check whether their home country recognizes Thai prenups.
