A prenuptial agreement (prenup) is a legally binding contract made between two individuals before marriage, outlining the management of assets, liabilities, and financial matters in case of divorce or separation. In Thailand, prenuptial agreements are recognized and enforceable under Thai law, provided they meet certain legal requirements.
For both Thai nationals and foreigners, having a clear and well-drafted prenuptial agreement can help protect assets, prevent disputes, and ensure financial security. This guide explains the legal framework, requirements, benefits, and considerations of a prenuptial agreement in Thailand.
1. What is a Prenuptial Agreement?
A prenuptial agreement is a contract made before marriage that outlines:
✔ Ownership of assets and debts before and after marriage.
✔ Management of finances, income, and expenses.
✔ Division of assets in case of divorce.
✔ Protection of business interests or inheritances.
Example: If one spouse owns a business, a prenup can ensure that it remains separate property and is not divided in a divorce settlement.
💡 Tip: A well-drafted prenup helps prevent financial disputes and ensures clarity in asset division.
2. Legal Framework for Prenuptial Agreements in Thailand
Prenuptial agreements in Thailand are governed by the Thai Civil and Commercial Code (CCC), Sections 1465–1469.
2.1 Key Legal Requirements for a Valid Prenup in Thailand
✔ Must be in writing – A verbal agreement is not legally recognized.
✔ Signed by both parties – Both spouses must agree and sign before marriage.
✔ Signed in the presence of two witnesses – The agreement must be properly witnessed.
✔ Registered at the District Office (Amphur/Khet) – The prenup must be recorded with the marriage registration.
✔ Cannot contradict Thai law or public order – The agreement must be fair and not violate legal rights.
💡 Tip: A prenup cannot include personal clauses such as child custody or spousal duties—these are determined by Thai family law.
3. Why Should You Have a Prenuptial Agreement?
3.1 Protecting Personal and Business Assets
✔ Ensures that pre-marital assets remain separate.
✔ Protects business interests, investments, and inheritance.
✔ Prevents financial losses in case of divorce.
Example: A foreign investor with property in Thailand can use a prenup to prevent division of the property in case of a divorce.
3.2 Avoiding Financial Disputes
✔ Clarifies ownership and financial responsibilities.
✔ Reduces arguments over assets if the marriage ends.
✔ Helps avoid long and costly legal battles.
3.3 Protecting Foreign Spouses
✔ Ensures that a foreign spouse is financially secure in case of divorce.
✔ Helps comply with foreign laws if the Thailand marriage involves an international couple.
💡 Tip: Many foreign countries recognize Thai prenuptial agreements if they follow legal procedures.
4. Assets & Property Ownership Under Thai Law
Under Thai law, there are two types of property in a marriage:
| Type of Property | Description |
|---|---|
| Sin Suan Tua (Personal Property) | Assets owned before marriage or received as a gift/inheritance. |
| Sin Somros (Marital Property) | Assets acquired during marriage, including income and shared property. |
✔ A prenuptial agreement can specify which assets remain personal property.
5. Common Clauses in a Thai Prenuptial Agreement
A well-drafted prenup should include:
5.1 Asset Ownership
✔ Clearly defines which assets belong to each spouse.
✔ Protects property acquired before marriage.
5.2 Division of Assets in Case of Divorce
✔ Specifies how assets will be divided if the marriage ends.
✔ Prevents disputes over shared property.
5.3 Debt and Liability Protection
✔ States that each spouse is responsible for their own debts.
✔ Protects one spouse from financial obligations of the other.
Example: If one spouse has business debts, the prenup can ensure that the other spouse is not held liable.
5.4 Business Ownership
✔ Ensures that a spouse’s business remains separate property.
✔ Prevents the division of company shares in divorce settlements.
5.5 Inheritance Rights
✔ Protects family inheritances from being included as marital property.
💡 Tip: A prenuptial agreement cannot override Thai inheritance laws, but it can clarify which assets remain personal.
6. How to Draft a Prenuptial Agreement in Thailand
6.1 Hire a Lawyer
✔ A Thai lawyer ensures that the prenup complies with Thai law.
✔ Lawyers help draft fair and legally enforceable agreements.
6.2 Discuss Financial Matters Openly
✔ Both spouses should be transparent about assets, income, and debts.
✔ Avoid hidden clauses that may lead to disputes later.
6.3 Ensure the Agreement is Fair
✔ Thai courts may reject unfair prenups that overly favor one spouse.
✔ The agreement must not cause financial hardship to one party.
Example: A prenup that gives all assets to one spouse and leaves the other with nothing may be invalidated.
6.4 Register the Agreement at the District Office
✔ The prenup must be registered with the marriage at the local Amphur/Khet.
✔ If it is not registered, it will be considered invalid in Thailand.
💡 Tip: Foreign spouses may need to have the agreement translated into their native language for legal recognition in their home country.
7. Can a Prenuptial Agreement Be Changed or Canceled?
✔ A prenup cannot be changed after marriage unless a court approves the modification.
✔ If both spouses agree, they can cancel the agreement, but a legal process is required.
💡 Tip: If circumstances change, it’s best to create a postnuptial agreement, which must also comply with Thai law.
8. What Happens If There is No Prenuptial Agreement?
Without a prenup:
❌ All assets acquired during the marriage are considered marital property and may be divided equally.
❌ A spouse may be held responsible for the other spouse’s debts.
❌ Business and inheritance assets may become jointly owned.
✔ A prenup helps protect individual financial interests and prevents legal disputes.
9. Enforceability of Thai Prenuptial Agreements Internationally
✔ Many foreign countries recognize Thai prenuptial agreements if they are legally registered.
✔ Some countries require additional certification or translation.
✔ If a couple moves abroad, they should check local laws regarding prenup enforceability.
💡 Tip: If both spouses are from different countries, they should consult lawyers in both jurisdictions.
10. Conclusion
A prenuptial agreement in Thailand is a valuable tool for protecting assets, financial security, and business interests in marriage. Ensuring that the agreement is fair, legally compliant, and properly registered is crucial for its enforceability.
✔ Key Takeaways:
- Prenups must be in writing, signed, witnessed, and registered.
- They protect personal assets, businesses, and inheritances.
- Both spouses should seek legal advice before signing.
- The agreement must be fair and cannot contradict Thai law.
- Foreign spouses should verify international recognition of the prenup.