Marriage laws
benefits of a prenuptial agreement

Updated: October 21, 2025

Thai prenuptial agreement (antenuptial), a pre-marriage contract under Civil and Commercial Code sections 1465–1469. It can classify each party’s assets/debts, set management and consent rules for marital property, and attach schedules for transparency. Clauses must not violate law or good morals, and you cannot impose foreign law on Thai-situated assets. For validity it must be made before marriage and entered in the Marriage Register at the time of marriage (Section 1466).

By Robert M. Spelde, LL.M.

Some legal terms and article numbers appear as dotted-underlined links—hover for a brief explanation, click for a detailed Thai law definition.

Prenuptial 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.

What a Thai prenuptial can cover

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.

In practice, couples use a Thai prenuptial to list each spouse’s personal assets (strong documentary proof of personal assets ‘สินส่วนตัว’ - sin suan tua) brought into the marriage and set rules for managing jointly acquired assets (‘สินสมรส’ - sin somros) during marriage. It cannot regulate issues such as child custody or spousal maintenance, which are governed separately by Thai family law.

Validity & formalities

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.

Benefits of a Thai Prenuptial Agreement

• Proof of ownership: Lists each spouse’s personal assets before marriage, avoiding disputes later (Sections 1471–1472).
• Clear management rules: Allows spouses to decide who manages certain community assets (Section 1476).
• Guidance on division: Clarifies what is personal vs. marital property in case of divorce.

Thai courts generally enforce prenuptial agreements that comply with Sections 1465–1466 of the Civil and Commercial Code. Clauses contrary to public order, good morals, or attempting to apply foreign law to Thai assets are void. In divorce, courts apply statutory presumptions but rely on prenuptial schedules as key evidence of personal versus marital property.

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. Consider a dual approach: keep a Thai-law prenuptial registered in Thailand, and make a parallel agreement under the law of the country where you will live or hold key assets. This improves the chance that at least one instrument is enforceable in each forum.

In Thai court proceedings, valuation and classification of assets depend on evidence. The Supreme Court of Thailand (Dika) has confirmed that lists of personal assets attached to a valid prenuptial serve as strong documentary proof (e.g., Dika Decision No. 4836-2552).

Relationship Between Prenuptial Agreements and Divorce

If the spouses cannot agree on property division or other terms, an uncontested divorce at the district office is not possible. In that case, the matter proceeds before the Family Court. A properly registered prenuptial can help demonstrate ownership and reduce disputes, but it cannot override Thailand’s statutory equal division of marital assets under Section 1533 of the Civil and Commercial Code.

Certain types of clauses frequently found in foreign prenuptial templates are void or unenforceable under Thai law. For example:

• Any clause excluding or limiting the creation of community (marital) property.
• Clauses that apply foreign law to a Thai prenuptial or to the marriage property regime.
• Clauses that waive or limit alimony or spousal maintenance obligations.
• Clauses dealing with custody, child support, or parental rights.
• Provisions that violate public policy or good morals, including terms penalising adultery or restricting personal conduct.
• Clauses that attempt to transfer or divide future inheritances or bind property not yet owned.

Such provisions are typically disregarded by Thai courts and become void when enforcement is sought in a divorce. The main valid use of a prenuptial agreement remains to identify each spouse’s personal assets and to set management rules for joint property.

Summary Recommendation

If either spouse is a foreign national and there are assets, businesses, or inheritances to protect, prepare:

• Thai prenuptial agreement, for property and legal protection in Thailand, signed and registered before marriage.
• Foreign prenuptial agreement, to comply with the law in your country of nationality or residence.

Both agreements should be consistent and reviewed by qualified counsel in each jurisdiction to ensure enforceability and reduce disputes.

Optional

A well-drafted prenuptial agreement with a clear choice of applicable law helps avoid unintended outcomes. Without it, property may be divided on divorce or death in ways neither spouse anticipated.

Read more: Why expats should consider a dual prenup

Registrar practice hint (DOPA)

The Department of Provincial Administration (DOPA) reiterates that the prenup must be entered in the Marriage Register at the time of marriage registration. In practice, the time needed at the counter can vary with the prenup’s length/detail.

Thai Code text (official)

The Thai-language provisions of Sections 1466–1468 (and surrounding matrimonial property sections) remain unchanged from your quotations. The formalities; writing, signatures of both parties and at least two witnesses, and entry in the Marriage Register at the time of marriage still apply.

Frequently Asked Questions

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original article source: samuiforsale