Marriage laws
benefits of a prenuptial agreement
Prenuptial agreements in Thailand, as a pre-marriage contract, are specifically governed by sections 1465 to 1469 of the Thailand Civil Code. Worldwide the content of a prenuptial can vary widely, but under Thai law a prenuptial contract can only deal with personal and marital property of husband and wife. In addition, the tough standard for drafting a prenup in Thailand is that the content may not be against the law or good morals.
Contract DownloadPrenuptial Agreement Before Marriage
A prenuptial agreement in Thailand is a private Thai marital contract entered into before marriage, concerning the management of personal property and marital assets between the spouses. Without such an agreement, these matters are governed by Thailand’s statutory marriage laws.
Thai law requires that a prenuptial agreement be made prior to the marriage and that it be registered at the same time as the marriage with the district office. For the agreement to be valid, it must be endorsed or recorded in the government’s marriage register, and a reference is typically noted on the marriage certificate. This serves to provide public notice of the prenup’s existence.
Importantly, a prenuptial agreement cannot be created or registered after the marriage has been legally registered. If a prenuptial is made before the marriage but not registered along with the marriage itself, it is considered void under (Section 1466) of the Thai Civil and Commercial Code.
Update 2025: Same-sex marriage is now legally recognized under Thai law. As of 2025, amendments to the Thai Civil and Commercial Code grant same-sex couples the right to legally marry in Thailand. Whether you are in a same-sex or opposite-sex relationship, the same rules on marriage registration and matrimonial property, including prenuptial agreements and marital assets, apply equally under Thai law.
Need a ready-to-file Thai prenuptial?
Download our bilingual Thai-English prenuptial agreement template – lawyer-drafted, district-office-ready, instant email delivery.
Prenup's content
Under Thai marriage laws the prenup basically outlines assets of both parties brought into the marriage and management over in section 1476 Civil and Commercial Code listed marital assets during marriage. A prenuptial can also outline the couple’s wishes how to divide marital assets in the event the marriage is dissolved at death or divorce, but in a contested divorce the court in Thailand has to determine the enforceability of such clauses and compliance with Thai laws. Any terms not in compliance with the nature and principles of section 1533 (marital assets are divided equally between husband and wife) and section 1535 (husband and wife are equally liable for the common debts) will be considered against the law and therefore void.
Valid prenuptial
The prenuptial contract can be drafted in Thai and another language and is recognized by law as long as:
- both parties understand the contract’s (prenuptial) content;
- its clauses are not against good morals or the law (giving little flexibility in drafting the agreement), and;
- the prenuptial is signed in front of 2 witnesses and entered into the marriage register together with the marriage.
If the couple complies with the above requirements then basically a valid prenuptial contract is created under Thai law. Any unfair terms in the prenuptial or terms which are under Thai law considered against good morals are null and void. Also any clause in the contract that the relations between husband and wife as regards to marital property are to be governed by foreign law shall be void.
Choosing Applicable Law
In cross-border marriages, such as a Thai national marrying a foreigner, it is often advisable to include a choice of law clause in the prenuptial agreement. This allows the couple to designate which country’s law will govern their matrimonial property regime. Many jurisdictions allow couples to choose the law of any country to which either spouse belongs at the time of the marriage. Alternatively the couple could opt for a dual prenuptial.
This becomes especially important if:
- The couple plans to live abroad after marriage,
- One or both spouses have property in another country,
- They want to avoid legal uncertainty in the event of divorce or death.
Recognition Across Borders
A prenuptial agreement made under Thai law may not automatically be recognized in other countries and vice versa. There can be conflicts of law between jurisdictions, particularly regarding how marital property is handled.
For this reason, couples with international ties should seek legal advice not only in Thailand but also from a qualified lawyer in the other relevant country.
| Prenup Type | Legal System | Lawyer Required | Legal Basis | Limitations |
|---|---|---|---|---|
| No Prenup | Thai Law applies by default | No | Property of Husband and Wife (CCC Sec. 1471–1474) | Default marital property rules |
| Thai Prenup | Thai Law | Thai Lawyer recommended | Section 1465 + 1466 CCC | Only property/financial terms allowed |
| Mixed Prenup | Thai + Foreign Law (if valid) | Both Thai & foreign lawyer recommended | Thai Civil Code + Conflict of Laws Act | Must not violate Thai public order |
| No Prenup, Foreign Jurisdiction | Depends on conflict of laws | Recommended | Foreign law or Thai default (if married in Thailand) | May create uncertainty in Thai court |
If either spouse is a foreign national, and there are assets, businesses, or inheritances to protect, it is strongly recommended to prepare:
- ✔ A Thai prenuptial agreement – for property and legal protection in Thailand, signed and registered before marriage.
- ✔ A foreign prenuptial agreement – to comply with the law in your country of nationality or residence.
Why It Matters:
A well-drafted prenuptial agreement that includes a valid choice of applicable law can help avoid unintended consequences. Without such a clause, property may be divided during divorce or upon death in ways that neither spouse anticipated or desired.
Read more: Why Expats Should Consider a Dual Prenup.
Frequently Asked Questions
FAQ
Click a question below to see the answer.
No, independent legal advice is not required under Thai law for your fiancée when signing a prenuptial agreement. As long as the agreement is in writing, signed before the marriage, and registered at the district office, it can be enforceable in Thailand.
However, if the prenuptial may later be reviewed or challenged in another country (such as your home country), many jurisdictions may expect or even require that both parties had independent legal advice to ensure fairness and understanding. In such cases, it's strongly recommended that your Thai fiancée consults her own lawyer—ideally one who can explain the terms in Thai and assess her rights under both Thai and foreign law.
This aligns with the broader recommendation to prepare legally consistent agreements in both jurisdictions, and helps avoid the risk of the prenup being set aside later on grounds of unfairness or lack of informed consent.
Frequently Asked Questions
Obtaining a Thai and English language prenuptial agreement in Thailand can be fairly simple and inexpensive when you download the template contract from this website and simply complete the missing personal details.
This is under Thai law not a requirement for making a valid agreement, but significant existing financial information (property and debts of each) is normally listed in the attachments to the prenuptial agreement registered at the time of marriage in Thailand. It is in any case recommended to make a personal balance of all personal assets at the time of marriage and to keep written evidence of this.
There’s no such thing as one "international" prenuptial agreement that works in every country. If you're getting married in Thailand, the best approach is to have a Thai prenuptial agreement, registered at the time of your marriage, to cover property and debts in Thailand. At the same time, it’s a good idea to have a second prenuptial agreement prepared under the laws of your home country (or your country of residence), to protect your assets outside Thailand. This way, you’re covered in both places.
An important aspect of a prenuptial is of course the weight given to it in a contested divorce. The family courts in Thailand have in the end to determine the enforceability of the prenup clauses in the contract, as any provisions agreed in the prenuptial against good morals or against the law will be void. As Thailand has a civil law system (not judge-made law), the primary source of law is the Civil and Commercial Code, Book 5 Thai Family Law and Civil Code Overview.
Need a ready-to-file Thai prenuptial?
Download our bilingual Thai-English prenuptial agreement template – lawyer-drafted, district-office-ready, instant email delivery.
original article source: samuiforsale