What a Thai Prenuptial Agreement Can Do

Updated: October 19, 2025

• List assets and debts: Attach schedules that identify each spouse’s personal assets and liabilities at the time of marriage.
• Management rules: Clarify who manages which assets and mirror the acts that require joint consent under Section 1476.
• Tracing and replacement: Confirm that the replacement or proceeds of a personal asset remain personal if traceable (Section 1472).
• Bilingual execution: Use Thai–English; have both spouses initial every page and each schedule. Specify the controlling language in case of discrepancies.

What It Cannot Do

• Override the civil code: A prenup cannot change the statutory classification of property (e.g. it cannot make fruits, dividends, rent, interest—non-marital; Section 1474(3)).
• Exclude income/pensions: Wages and pensions earned during marriage are marital by law (Section 1474(1)).
• Decide child issues: Child custody and support are decided by the court, not by prenup clauses.
• Waive statutory rights: Terms contrary to Thai law, public order, or good morals (section 1465) are void.

Quick Principles Expats Often Miss

• Appreciation is not 'fruit': If you owned an asset before marriage (a condo, a stock, or 1 bitcoin), a pure increase in market value remains personal. But the 'fruits' it generates during marriage (rent, dividends, interest) are marital.
• No “51% rule”: Thai law does not convert an asset to personal merely because one spouse paid “more than half.” Courts look at source of funds, tracing, evidence, and may award proportionate shares or reimbursement.
• Timing is strict: The prenup must be submitted with the marriage. A late filing is not a valid prenup.
• Foreign assets: Thai prenups govern Thai-located assets. For assets abroad, consider a coordinated second (foreign) prenup so a local court will enforce it.

How to Register a Thai Prenuptial Agreement

A prenuptial agreement in Thailand must be registered at the district office (Amphur or Khet) on the same day the marriage is registered. It is attached to the official marriage register. If it is not submitted and attached at that exact time, it has no legal effect under Section 1466 of the Civil and Commercial Code.

When and Where to File

• Same day filing: The prenup must be filed together with the marriage registration—not before or after. You can show a draft to the officer the day before, but the official registration must occur on the wedding day.
• District office (Amphur/Khet): Register the marriage at the office where the Thai spouse’s house registration (tabien baan) is located or where both parties agree to register. The same office handles the prenup attachment.
• Processing time: About 20–30 minutes if documents are complete; longer if the officer reviews bilingual content.

Documents and Preparation

• Bilingual text: Use a Thai–English version so the officer can read the Thai part. Specify which language controls in case of discrepancy.
• Signatures: Both spouses and two witnesses must sign every page and each schedule of assets or debts.
• Schedules attached: Add “Schedule A – Personal Assets Debts” to list what each party owns before marriage.
• ID and documents: Thai ID card and house register for the Thai spouse; passport and embassy “Affidavit of Freedom to Marry” for the foreigner; copies for all witnesses.

Local Office Differences

Procedures can differ slightly among district offices. Some officers are very familiar with bilingual prenups, others may hesitate if they cannot read English or if the content seems to override Thai law. To avoid problems:

• Call or visit the Amphur a few days in advance and ask if they accept Thai–English prenuptials.
• Bring a short Thai cover page (included in the divorce agreement tempate) stating that the contract is attached to the marriage register (คำขอแนบสัญญาก่อนสมรส).
• Be ready to re-sign the signature page in front of the officer if asked for confirmation.

Practical Tips

• Print two or three identical sets, one will be attached to the marriage record, one for your own file.
• Keep the clauses consistent with Thai law; avoid wording that “waives statutory rights” or makes all income separate property.
• Ask for a copy with an official stamp showing that the prenup was attached on the marriage registration date.
• If an officer is uncertain, politely mention Section 1466 CCC: the law allows prenups to be attached on the marriage date without court approval.

A well-prepared Thai–English prenup is normally accepted once officers see that it follows the Civil and Commercial Code and is clearly bilingual. The key is to prepare and sign correctly, then attach it the same day as the marriage registration.

Related

• Is my Thai prenuptial agreement valid overseas?
• Divorce in Thailand
• Marital Home Thai Property Law
• Civil & Commercial Code sections 1465–1466, 1472, 1474, 1476