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What is a Prenuptial Agreement In Thailand?

Prenuptial Agreement in Thailand

Difficult as it may be to talk about such things before marriage in Thailand, doing so can save heartache and difficulties in future between you and your partner. A prenuptial agreement in Thailand can minimize the financial and emotional toll of a divorce. Couples without one will have their assets distributed for them by the state if the marriage in Thailand ends and they disagree about who should get what.

A prenuptial agreement in Thailand, commonly abbreviated to prenup or prenupt, is a contract entered into prior to a marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a Thailand prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or break up of the marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery. Further conditions of guardianship may also be included.

England and Wales do not enforce prenuptial agreements, but agreements may be upheld at the court's discretion.

In most jurisdictions, five elements are required for a valid Thailand prenuptial agreement:

  1. Thailand Prenuptial Agreements must be in writing (oral prenups are always prohibited);
  2. Thailand Prenuptial Agreements must be executed voluntarily;
  3. There must be full and fair disclosure at the time of execution;
  4. Thailand Prenuptial Agreements must be executed by both parties (not their attorneys) "in the manner required for a deed to be recorded", known as an acknowledgment, before a notary public.


What you need to know!

Thailand Prenuptial Agreements are authorized by Thai law and must conform to the Civil & Commercial Code of Thailand. The prenuptial agreement in Thailand must be signed prior to the marriage with the person who is at that time still your fiance and not yet your legal spouse. Prenuptial agreements must be registered simultaneously with the marriage in the marriage register at the local office where the marriage takes place. After the marriage the prenuptial agreement cannot be altered except by the authorisation by the Court.


Section 1465: Where the husband and wife have not, prior to their marriage, concluded a special contract concerning their assets, the relations between them as regards their assets shall be governed by provisions of this Chapter.

Any clause in the prenuptial agreement contrary to public order or good morals, or stating that the relations between them as regards such assets are to be governed by foreign law shall be void.

Section 1466: The prenuptial agreement is void if not entered into the Marriage Register at the time of registering the marriage terms of the prenuptial; or if not performed in writing and signed by both spouses and a minimum of two witnesses and entered in the Marriage Register at time of marriage registration affirming that the prenuptial is thereto annexed.

Section 1467: After marriage, the prenuptial contract cannot be changed except by authorization of the Court. When there is a final order of the Court to effect the alteration of cancellation of the prenuptial agreement, the Court should inform the Marriage Registrar of the matter in order to have it entered into the Marriage Register.

Section 1468: Clauses in the prenuptial agreement will have no effect as regards the rights of third persons acting in good conscience and faith, without regard to whether they be altered or cancelled by the order of the Court.


  1. To protect your property in case of a possible divorce in Thailand and preventing disputes in Thailand.

    Often, people will enter into a marital relationship with substantial individual assets - particularly those who marry in Thailand or re-marry later in life. In these cases, a prenuptial agreement can ensure that previously owned property will stay in the hands of its original owner. A resolution like this can eliminate possible sticking points later on in the marriage - or divorce.
  2. To manage property between husband and wife.

    The basic rule under Thai law is that all properties acquired during the course of the marriage will become jointly owned matrimonial property regardless how the title is held. Control over these properties lies with both spouses jointly, unless the husband and wife have made a prenuptial agreement prior to their marriage in Thailand. The prenuptial agreement may grant management of certain jointly owned property.
  3. Efficiency of Time and Money

    Perhaps the greatest and most quantifiable benefit of a prenuptial agreement is in the reduction of time and money spent in the event of a divorce. While most people would rather not consider the possibility of divorce, failing to plan for it can be detrimental to both partners. Without a prenuptial agreement, couples run the risk of being subjected to a long, expensive divorce battle. Lawyer's fees, court fees, witness fees, appraisal fees - all these costs quickly add up. A prenuptial agreement in can head off this potential conflict and allow a couple to dissolve their marriage quickly and painlessly, should it come to that.
  4. Assigning debt (credit cards, school loans, mortgages) to the appropriate spouse so both spouses don't share debt liability.

    Should you happen to marray someone who has a substantial amount of debt, a prenuptial agreement can prevent you from having to take that debt on as your own. Without a prenuptial agreement, your future spouse's debt and negative credit history can become your own.
  5. Protecting Your Children

    If you have children from a first marriage that you would like to leave your belongings to after your death, a prenuptial agreement in Thailand is very advantageous. Without one, your belongings legally go to your spouse, who can then decide whether to keep them or give them to your children. By signing a prenuptial agreement in Thailand, you can ensure that your children receive the assets, property or money you want them to have in the event that you die before your spouse. You may also wish to consider making a will.
  6. Business Matters

    If you're a joint owner of a business, or are a partner in a business, a prenuptial agreement can protect your interests in the case of your death. For instance, you can state that your spouse will waive all rights and claims to any part of the business upon your death. You can also state that she is considered a "shareholder" of your part of the business and that the share must be purchased. A prenuptial agreement in allows you to have your say when it comes to your business---even in the event of your death.



Documents Required:

  1. A copy of your passport.
  2. A copy of your partner ’s ID card or passport.
  3. A list of your property.

Our Thailand prenuptial agreement service will take approximately 3-4 business days. M & S Law Office 2006 offers licensed professional legal services by experienced Thai lawyers who specialise in family law in Thailand. We will draft your prenuptial agreement as you wish and also translate to Thai.



Family Lawyer in Lad Prao, Bangkok

The family law in Thailand is fairly straightforward. Foreigners must first obtain clearance from their respective embassies.

M & S Law Office 20006 can help co-ordinate the procurement of official documents from the embassy and have them translated and legalized quickly with minimum problems. Familiarity with the formalities of a Thai marriage, access to qualified translators, and an understanding of the legalization process reduce the likelihood of delays or complications.

Our law firm provides full legal services throughout Thailand including the key business cities such as Bangkok, Pattaya, Chiangmai and Phuket.

Let us help you by calling us at (+66)2 693-2036 or send email via or send us enquiry.




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