Marriage is more than just a romantic commitment—it is a legal union with far-reaching financial and legal implications. In Thailand, as in many other jurisdictions, a prenuptial agreement (commonly called a “prenup”) is a legally binding contract made before marriage that outlines how assets, debts, and property will be managed during the marriage and divided in the event of a divorce.
With a growing number of international marriages and complex asset structures, drafting a prenuptial agreement in Thailand has become increasingly important. This guide explores the key elements, legal framework, and practical considerations of creating a prenuptial agreement in Thailand.
A prenuptial agreement is a written contract between two individuals who intend to marry. It defines how property and financial matters will be treated during the marriage and in the event of its dissolution. The primary purpose is to protect individual assets and prevent disputes over property division if the marriage ends.
In Thailand, prenuptial agreements are governed by the Thai Civil and Commercial Code, specifically Sections 1465 to 1469. These sections outline the formal requirements, enforceability, and limitations of prenuptial agreements under Thai law.
A prenuptial agreement in Thailand must meet strict legal requirements to be valid and enforceable:
Made Before Marriage: The agreement must be created before the marriage takes place. Postnuptial agreements are not recognized under Thai law.
Written Agreement: The prenup must be in writing. Verbal agreements or informal understandings are not enforceable.
Signed by Both Parties: The agreement must be signed by both the bride and groom.
Witnesses Required: It must be signed in the presence of two competent witnesses.
Registered with the Marriage: The agreement must be registered at the same time as the marriage registration at the local district office (Amphur). If the prenup is not registered, it will be considered invalid.
Compliant with Thai Law: The contents of the agreement must not violate Thai law or public morality. For instance, clauses about child custody or waiving the right to sue for divorce would be considered invalid.
A prenup allows individuals to protect assets acquired before marriage, such as real estate, businesses, savings, and inheritances. Without a prenup, Thai law treats property acquired during marriage as jointly owned (known as Sin Somros) and subject to equal division upon divorce. The agreement helps to distinguish between Sin Somros (marital property) and Sin Suan Tua (personal property).
A prenuptial agreement can outline how existing and future debts are to be managed, protecting one spouse from being held responsible for the other’s obligations.
Couples can use a prenup to define how financial responsibilities such as household expenses, investment decisions, and savings will be shared during the marriage.
In the event of a divorce, a prenuptial agreement helps minimize conflicts and legal battles by clearly outlining how property will be divided.
Foreigners marrying Thais or other foreigners in Thailand often have assets in multiple countries. A prenuptial agreement can help clarify which jurisdiction applies and how assets abroad should be treated in the event of divorce or death.
A prenuptial agreement in Thailand can include various provisions, such as:
A list of personal assets and debts belonging to each party before marriage
Rules for managing marital property (what will be shared vs. kept separate)
Conditions for property division in the event of divorce
Management and ownership of businesses
Responsibility for debts and liabilities
However, certain topics are prohibited, including:
Agreements regarding child custody Thailand or child support Thailand
Provisions that violate Thai public order or morality
Any clause that contradicts mandatory provisions under Thai family law
Both parties should have an open and honest discussion about their financial situation, goals, and expectations. Transparency at this stage helps build mutual trust and reduces misunderstandings later.
Each party should ideally retain separate legal counsel to ensure their rights and interests are protected. Having independent legal representation helps avoid claims of coercion or unfairness later.
The lawyers will draft the agreement in accordance with Thai law. The document must be in Thai (or bilingual with Thai as the controlling version), and include all necessary details regarding assets and responsibilities.
Both parties must sign the agreement in front of two witnesses who are competent and of legal age.
The prenup must be submitted and registered at the district office (Amphur) along with the marriage registration. This ensures legal enforceability.
Failing to register the prenup with the marriage
Signing the prenup after marriage (void under Thai law)
Using vague or unenforceable language
Not seeking proper legal guidance, especially in international marriages
Including illegal or immoral clauses
A prenuptial agreement in Thailand is a valuable legal tool for couples who wish to enter marriage with clarity, transparency, and protection. It is especially important for foreigners marrying Thai nationals, couples with significant assets, or those entering second marriages or blended families.
Far from being a sign of mistrust, a prenup is a proactive step toward financial and legal stability. When properly drafted and registered, it provides a strong legal framework to prevent future conflicts and ensures that each spouse’s interests are respected under Thai law.
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