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.

Do You or Your Thai Fiancée Need a Lawyer for a Prenuptial Agreement?

Understanding Legal Advice Requirements Under Thai and Foreign Law

Introduction

Many foreign nationals marrying in Thailand are unsure whether their Thai fiancée needs independent legal advice before signing a prenuptial agreement. The short answer: under Thai law, she does not. But if you intend to use the agreement abroad or have assets in multiple jurisdictions, the answer becomes more nuanced. This guide explains when legal advice is required, why it matters, and how to protect your agreement under both Thai and foreign legal systems.

Sample Prenuptial Clause Not Valid Under Thai Law

Example clause from a prenuptial agreement:

"The spouses agree that there shall be no community of property between them, except for a limited community of household effects. All other forms of matrimonial property regimes are expressly excluded."
"คู่สมรสตกลงกันว่าจะไม่มีทรัพย์สินส่วนรวมระหว่างกัน ยกเว้นเพียงทรัพย์สินที่ใช้ร่วมกันในครัวเรือนเท่านั้น ระบอบทรัพย์สินสมรสในรูปแบบอื่น ๆ ทั้งหมดให้ถือว่าไม่อยู่ภายใต้ข้อตกลงนี้โดยชัดแจ้ง"

Inheritance law
Last Will and Testament in Thailand

The Thai legal system of succession and inheritance is codified and can be found in the civil and commercial 'Book V Succession'. It among others governs the distribution and administration of the estate of a person after his death, how to make a valid will in Thailand (Title III 'Wills'), and determines what happens to a person's assets after death when there is no last will or testament made.

Consequences of Marriage in Thailand

A marriage in Thailand will have legal consequences for you and your spouse. Such consequences (e.g. obligation of maintenance towards each other, legal relationship with children born, consequences for property you own) can be found in the Civil and Commercial Code of Thailand (ประมวลกฎหมายแพ่งและพาณิชย์), which is the main body of laws that deals with the legal consequences of Family and Marriage in Thailand.

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