Is my Thai prenuptial agreement valid overseas

Are Thai Prenuptial Agreements Enforceable Abroad?
Why Expats Should Consider a Dual Prenup

Sample Clause:

Many foreigners marry in Thailand and sign a prenuptial agreement under Thai law, thinking the matter is settled. But what happens if you later move abroad and divorce occurs in your home country? Will that Thai prenup still protect your assets?

The short answer: It depends on where you live, and how your prenuptial agreement was drafted.

Thai Prenups Are Valid - But Not Always Enforced Abroad

A properly registered prenuptial agreement under Thai law is enforceable in Thailand. However, foreign courts are not automatically bound to recognize it, especially in countries with different legal systems.

Matrimonial Property of Husband and Wife

Family and matrimonial laws in Thailand governing assets of husband and wife, marital property, and the making of an pre-marriage contract (or prenup prenuptial agreement between a man and a woman in contemplation of marriage). Marriage and contracts concerning property of husband and wife is governed by the sections 1465 to 1469 of the Thailand Civil and Commercial Code.

CHAPTER IV

PROPERTY OF HUSBAND AND WIFE

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Section 1465. Where the husband and wife a married couple have not, previous to their marriage, concluded a special agreement (prenuptial) concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chapter.

Post-Nuptial

A postnuptial agreement is the opposite of a "before the marriage" contract, as a contract between spouses concerning their personal or matrimonial assets, as in section 1465 (CCC) "where the husband and wife have not, previous to their marriage, concluded a prenuptial agreement concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chapter (property of husband and wife)".

Prenuptial Agreement

A Thai prenuptial agreement is a written contract made before marriage that sets how the spouses’ personal property (sin suan tua) and marital property (sin somros) will be managed. To be valid it must be in writing, signed by both parties and two witnesses, and registered/attached to the marriage at the district office (Amphur) at the time of marriage registration. After marriage it can only be changed by court order.

Prenuptial Agreement in Thailand Before Marriage

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.

Contract Download

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prenuptial refused by the amphur?

I purchased the prenuptial agreement from you and did everything as per the instructions. On the 12th December we all visited Ampur Lak Si, Bangkok and when they got round to us at 17.15 after we had waited since 08.15, they advised us that they could not accept the prenuptial agreement. They advised that the prenuptial needed to be approved by the British Embassy and that the Thai and English text needed to be approved also. We explained that this was a Thai legal agreement, that it was agreed by both parties (myself and my partner), we had two witnesses and there was absolutely no 'risk' to the Ampur officials accepting the prenuptial in its current format on the day - but they said they would not accept it and that was that. I've left it a couple of days to write to you because we have both cooled down a little, but what was supposed to be a great day turned into a very disappointing day for all of us. Again, as a foreigner here in Thailand, despite using your services, I was left once again left feeling like 'up the creek without a paddle'. Clearly, purchasing your on-line prenuptial agreement and presenting it to an Ampur on it's own is simply not an acceptable mechanism. What I feel is needed is some form of additional written confirmation from your company that goes some way to protect me (and others) next time we attempt to be married. I suggest a covering letter from your company explaining that, 1) the attached prenuptial agreement absolutely complies with current Thai legislation, 2) any change to it by either party would make it unenforceable in Thai law, 3) there is no requirement therefore to have the attached prenuptial agreement approved by any authoritative body, be that the likes of an Embassy or any Thai Translation Service and, 4) the covering letter is written in both Thai and English so that the officials at any Ampur we might chose to visit understand that what we are presenting is acceptable. I look forward to hearing back from you about how this unacceptable situation can be made right, because as we have proven beyond dispute, purchasing your on-line prenuptial agreement on its own does not work.

Registration of a Thai Marriage

Thai Family Law
civil marriage in Thailand

Updated July 1, 2025, minor revisions reflecting the Marriage Equality Act changes.

Marriage in Thailand is governed by the Civil and Commercial Code book 5, sections 1435 to 1535. A marriage (section 1457) can take place only if the man and woman two persons (who are at least 17 18 years old (with parental consent required if under 20)) agree to take each other as husband and wife spouse, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar. Marriage in Thailand is created and completed on formal registration and inclusion in the government's marriage register.