A prenuptial agreement in Thailand is valid only if it is made before the marriage and registered with it. Under section 1466, its terms must be entered in the marriage register, or it must be signed by both spouses and two witnesses and attached at registration.
What makes a Thai prenup legally valid?
Section 1466 offers two ways, and both must be completed on the day of marriage registration. Either the agreed terms are entered in the marriage register, or a written agreement signed by both spouses and at least two witnesses is attached to the register, with the register recording that it exists.
If neither happens, the agreement is void. It cannot be registered later, because an agreement made after the wedding is not a prenup.
Once married, section 1467 allows a prenup to be changed or revoked only with court permission. When the court's order becomes final, the court notifies the registrar to record the change.
What can a Thai prenup include, and what not?
A prenup deals with property between the spouses. Common terms keep each spouse's income separate, protect pre-marriage assets and their income, and set shares in property bought together.
| Usually allowed | Void or ineffective |
|---|---|
| Income during marriage stays with the earner | A clause choosing foreign law to govern the property (s. 1465) |
| Rent and dividends from pre-marriage assets stay personal | Clauses against public order or good morals (s. 1465) |
| Agreed shares in jointly bought property | Giving a foreigner rights to Thai land the Land Code forbids |
| Rules on managing a family business or investments | Waiving a child's right to maintenance (s. 1598/41) |
| Separate debts staying with the borrower | Deciding custody in advance; the court decides on the child's interests (s. 1520) |
Only the offending clause is void under section 1465; the rest can survive. Draft so that each clause can stand on its own.
What if the prenup is signed abroad or we marry abroad?
If you register the marriage in Thailand, a prenup signed overseas can still be used, but the section 1466 formalities must be completed at registration. Bring a version the Thai registrar can read, and ask the district office in advance what it needs for a foreign-language document.
If you marry abroad under foreign law, a Thai court decides which law governs the agreement under the Act on Conflict of Laws B.E. 2481. Thai land and other Thai immovable property remain subject to Thai law.
A Thai prenup may not be treated as binding in your home country. Many couples with assets in two countries use matching agreements drafted together, one for each legal system.
Will a Thai prenup hold up at divorce?
A prenup that meets section 1466 replaces the default equal split of marital property under section 1533. Each spouse then takes what the agreement says.
Prenups usually fail for three reasons: the formalities were not met, a clause is void under section 1465, or the agreement was made after registration and is really a contract between spouses. Under section 1469, such a contract can be avoided during the marriage or within one year after it ends.
7 steps before you sign
- List each spouse's assets and debts, in Thailand and abroad, with values and supporting documents.
- Decide what happens to income, pre-marriage assets and their income, and future joint purchases.
- Have the draft checked for void clauses, especially any choice of foreign law.
- Prepare a bilingual version both of you understand, and state which language prevails.
- Give each spouse time to take independent advice, ideally weeks before the wedding.
- Arrange two adult witnesses with no interest in the property, and confirm the district office's requirements.
- On registration day, check that the register records the prenup, and keep certified copies.
The prenup must be completed when the marriage is registered. If the registrar does not record it in the marriage register on the day, it is void, and you cannot fix it afterwards without going to court.
Frequently asked questions
We are already married. Can we still make a prenup?
No. A property agreement made during the marriage is a contract between spouses under section 1469, which either spouse can avoid while married or within one year after the marriage ends.
Does a Thai prenup have to be notarised?
Thai law does not require notarisation for a section 1466 prenup to be valid in Thailand. Your home country may want certification or translation if you rely on it there.
Can a prenup say one spouse gets nothing on divorce?
The spouses can depart from the equal split, but clauses contrary to public order or good morals are void. A carefully balanced agreement is less likely to be challenged.
Can a prenup protect my overseas pension?
It can address it, but the Code does not deal with foreign pensions specifically. Name the pension expressly and check how your home country would treat the clause.
How should you start?
Begin with a complete list of what each of you owns and owes, then agree the principles before anyone drafts clauses. Leave several weeks before the wedding for drafting and review.
A Thai family lawyer can draft or check the agreement so it meets section 1466, works alongside the Land Code, and fits any agreement you need at home. For what happens at divorce without a prenup, see Divorce in Thailand for Foreigners and Thailand Divorce Certificate: What You Get and How to Use It.
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