How Do Prenuptial Agreements Work in Thailand?

Overview

Thailand legally recognizes prenuptial agreements (สัญญาก่อนสมรส) under the Civil and Commercial Code B.E. 2468 (1925), Sections 1465–1466. A properly executed prenup can protect assets and clarify property rights, which is especially important for international marriages.

Legal Requirements

For a prenuptial agreement to be enforceable in Thailand:

1. Must be in writing — Oral agreements are not valid 2. Signed before marriage registration — Cannot be signed after 3. Registered with the marriage — Must be attached to the marriage registration at the Amphoe 4. Both parties must consent freely — No duress or undue influence 5. Cannot violate public order or good morals 6. Cannot contradict Sections 1476–1477 (management of marital property)

What Can Be Included

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Commonly Included Provisions

Classification of specific assets as personal property (Sin Suan Tua)

Designation of income from personal property

Agreement on management of marital property

Provisions for property division upon divorce

Ownership of business assets and shares

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Cannot Be Included

Child custody arrangements (decided by court at time of divorce)

Child support provisions (determined by child's needs)

Provisions that violate Thai law

Terms that are unconscionable or against public morals

Waiver of rights to marital property entirely (must be reasonable)

International Considerations

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For Foreign-Thai Marriages

Agreement should be in both Thai and the foreign spouse's language

Thai language version prevails in case of conflict

Foreign spouse should have independent legal counsel

Consider provisions for both Thai and foreign assets

Address which country's law applies to specific assets

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Recognition Abroad

A Thai prenup may or may not be recognized in other countries

Consider executing separate agreements in each relevant jurisdiction

Consult lawyers in both countries

Common Mistakes

1. Signing after marriage registration — Agreement becomes void

2. Not registering with the marriage — May be unenforceable 3. One-sided terms — Court may declare unconscionable provisions void 4. No independent legal advice — Increases risk of challenge 5. Not addressing foreign assets — Creates gaps in protection 6. Vague language — Leads to disputes over interpretation

Modifying a Prenup After Marriage

Prenuptial agreements cannot be modified after marriage registration

Any changes must be approved by the court

The court will only approve changes that don't disadvantage third parties

Related Guides

[Family Law](/family-law)

[Prenup Recognition & Enforcement](/blog/thai-prenuptial-agreement-recognition)

[How Thai Divorce Works](/blog/how-does-thai-divorce-law-work)