Are Thai Prenuptial Agreements Enforceable Abroad?
Why Expats Should Consider a Dual Prenup
Sample Clause:
Sample Clause in a Thai Prenuptial Agreement:
This Agreement is made in accordance with the laws of the Kingdom of Thailand and shall be governed and interpreted exclusively in accordance with Thai law.
The parties agree that any dispute arising in relation to this Agreement shall fall under the exclusive jurisdiction of the courts of Thailand.
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.
- Does the prenup clearly choose Thai law?
- Did both parties understand what they were signing?
- Is the agreement fair and voluntary?
- Does it meet the legal standards of the country where divorce occurs?
Civil Law vs. Common Law Countries
| System | Examples | Enforceability of Thai Prenup |
|---|---|---|
| Civil Law | France, Germany, Switzerland | Often respected if choice of law and fairness are clear |
| Common Law | UK, US, Australia, Canada | More scrutiny, legal advice, disclosure, fairness expected |
The Hague Convention and Conflict of Laws
Countries party to the Hague Convention on Matrimonial Property Regimes (1978) may apply its principles to recognize a Thai prenup, even though Thailand is not a party. If your agreement clearly chooses Thai law, some foreign courts may honor that choice, as long as the agreement isn’t unfair or against public policy.
What About Foreign Court Judgments in Thailand?
Thai courts may recognize a foreign divorce or property judgment, but not automatically. It depends on:
- Whether the judgment violates Thai public policy
- Whether fair legal procedures were followed
- Whether there's reciprocity between countries
Dual Prenups: One for Thailand, One for Abroad
For expats living internationally, the safest and most flexible approach is to sign two prenuptial agreements:
- A Thai prenup registered with your marriage, covering property and obligations in Thailand only
- A foreign prenup drafted under the law of your home country or residence, excluding Thailand
This strategy offers two important benefits:
- It ensures your prenup is enforceable in both Thailand and abroad
- It gives you access to the broader flexibility many foreign legal systems offer
Thai prenups are legally valid but restrictive: Under Thai law, a prenuptial agreement cannot override the standard rules of marital property (joint ownership of assets acquired during marriage). You cannot exclude your spouse from their legal share, even by mutual agreement.
Foreign prenups often allow more freedom: In many countries, prenuptial agreements can go much further, allowing couples to fully contract out of marital property rules, waive future support claims, or protect inheritance expectations. This can offer significantly stronger protection for the foreign spouse, especially where family-owned assets, business shares, or unequal wealth are involved.
Example Clause (Thai version):
“This agreement governs property rights and obligations within the jurisdiction of Thailand only. It shall not apply to property situated outside Thailand or matters governed by foreign law.”
Example Clause (Foreign version):
“This agreement governs all matters relating to property and spousal rights under the laws of [e.g., England or California], excluding any property situated in Thailand or subject to Thai jurisdiction.”
Conclusion: By using a Thai prenup to comply with local Thai law, and a second foreign prenup to address broader asset protection, you reduce legal uncertainty and ensure your wishes are respected in both jurisdictions. This dual strategy helps avoid conflict of laws and improves enforceability in both jurisdictions.
Key Takeaways
- Thai prenups are valid locally but not automatically recognized abroad
- Foreign enforcement depends on legal advice, fairness, and local laws
- Having two clear, well-scoped agreements offers the best legal security
| Action / Situation | Is It Required? | Explanation |
|---|---|---|
| Marry again abroad | No | A marriage legally registered in Thailand is valid internationally. No second ceremony is needed. |
| Register your Thai marriage abroad | Yes | Recommended for immigration, tax, and civil record purposes. Usually done through embassy or local registrar with certified translations. |
| Register the Thai prenup abroad | Optional | Most countries don't have a system to register foreign prenups. You may include it when registering the marriage for record-keeping, but this doesn't guarantee enforceability. |
| Enforce Thai prenup abroad | No (not automatic) | Foreign courts apply local standards (e.g., legal advice, fairness). Thai prenup alone may not be enforceable without meeting these. |
| Use dual prenups (Thai + foreign) | Recommended | Create a Thai prenup for property in Thailand, and a separate foreign prenup under your home country's law for property abroad. |
| Register foreign prenup (in home country) | Yes, if possible | Consult local counsel to register or notarize the foreign prenup according to your country’s legal system. This helps ensure it is enforceable there. |
Need Help?
We can help you review or draft a Thai prenup, alternatively you can download a bilingual specific Thai prenup and we coordinate with foreign legal counsel to create a complementary agreement tailored to your country of residence.
Need help with prenuptial agreement?
Contact Robert for legal guidance in English and Thai.
Send a message →Important Note: A prenuptial agreement under Thai law must be signed before the marriage and registered with the marriage at the district office (Amphur). Once you are already married, it is no longer possible to create a valid Thai prenuptial agreement.
This article is intended for couples (one Thai and one foreign) who are planning to marry in Thailand and want to protect their assets legally in both Thailand and abroad. If you are already married, other legal options, such as postnuptial agreements under foreign law, may need to be explored separately.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.