Prenuptial Agreement Thailand, a Smart Step Before Saying “I Do”

Are you planning to marry in Thailand?
Before signing that marriage certificate, take a moment to think about your future. Because while love may bring you together, clear legal planning will protect you both especially when things don’t go as planned.

This guide is written by Thai family law professionals who regularly work with both Thai and foreign clients. It aims to give you the real picture of how a prenuptial agreement works in Thailand with the law, real-life experience, and practical advice you won’t find elsewhere.

Why You Should Consider a Prenuptial Agreement

Let’s face it, few people think about separation or divorce when they’re deeply in love.
But in our years of handling divorce cases, we often hear the same regretful words from clients:

“I wish I had signed a prenup before I got married.”

At the time, they were in the honeymoon phase, full of trust and optimism. Love made them blind.
They never imagined the possibility of disagreement or separation.
But when a marriage breaks down, emotions run high, and even simple property matters can turn into lengthy, expensive disputes.

A Prenuptial Agreement is not a lack of trust. It’s a reflection of mutual respect, foresight, protection and shared responsibility.
It allows both parties to define clear terms for managing finances, assets, and debts (relative with property) avoiding conflict in the future.

Getting to Know How Assets Are Classified During Marriage

In Thailand, once you’re legally married, the law automatically applies a system that distinguishes between personal assets and jointly owned assets. Understanding this distinction is essential before entering into a prenuptial agreement, especially if you’re concerned about property rights, asset division, or financial responsibilities in the event of separation or divorce.

1. Personal Property

This includes everything that belongs solely to one spouse, regardless of the marriage. Typically, it covers:

• Assets acquired before the marriage
• Gifts or inheritances received by one spouse, even during the marriage
• Items for personal use (such as personal clothing or jewelry)
• Compensation received for personal injury or similar claims

Personal property remains with the original owner even if the couple divorces, unless otherwise agreed in writing.

2. Marital Property

Assets that are acquired during the marriage even if only one spouse earned or registered them are generally treated as jointly owned. This includes:

• Income earned by either spouse during the marriage
• Property bought or acquired during the marriage (including cars, land, condos, etc.)
• Profits or returns generated from personal property (e.g., rental income, interest)

By default, Thai law presumes both spouses have equal rights to jointly owned property, regardless of who paid or signed.

3. Why This Distinction Matters

When there is no written agreement in place, this property system will apply automatically. That can lead to confusion or disagreement over:

• Who owns what
• Who is liable for debts
• How property should be divided if the relationship ends

A prenuptial agreement lets both parties clarify these points before marriage protecting personal assets and defining how any jointly acquired property should be handled.

4. Example Scenario

John, a foreign national, bought a condo in Thailand before marrying his Thai partner. Years later, they divorced. The condo was considered his personal property, so it wasn’t divided.
However, a house they bought together during the marriage even though only Thai partner’s name was on the title, was considered joint property, and the court divided its value equally.

Thailand’s marital property system automatically applies once you marry, unless you state otherwise through a valid prenuptial agreement.
Knowing the difference between what’s yours and what’s shared can help avoid serious conflict later.

At KTP Legal Advisory, we’ll help you identify and protect your personal assets, clarify your intentions, and create a clear legal roadmap for your marriage.

Legal Definition, Purpose & When It’s Used

A prenuptial agreement, or premarital agreement, is a written contract made by two people before they get legally married. It outlines how each party’s assets, property, and financial obligations will be handled during the marriage and especially in the event of separation, divorce, or death.

In Thailand, a prenuptial agreement is legally recognized under the Thai Civil and Commercial Code, Section 1465, but only when properly executed and registered.

Legal Requirements Under Thai Law

To be valid and enforceable in Thailand, a prenuptial agreement must:

• Be in writing
• Be signed by both parties before the marriage
• Be registered with the marriage registrar on the day of marriage registration

If the agreement is not registered with the marriage, it will be considered void and unenforceable under Thai law.

Purpose of a Prenuptial Agreement

A prenuptial agreement serves several important purposes:

• To identify and protect personal assets acquired before marriage
• To define ownership and management of property acquired during marriage
• To prevent future disputes over finances or property
• To help avoid costly and emotional court battles in case of divorce
• To provide clarity and fairness especially when one or both parties bring significant assets or debts into the marriage

It is especially useful in marriages involving:

• Cross-national or international couples
• Unequal financial status or family wealth
• Business ownership or real estate holdings

When Should You Make a Prenuptial Agreement?

The agreement must be finalized before the marriage takes place, and signed by both parties.
Thai law does not allow couples to create or amend a prenuptial agreement after marriage.

For this reason, couples are strongly advised to begin preparing the agreement at least several weeks in advance of their marriage registration date allowing time for review, negotiation, and translation if needed.

 A Common Misconception

Many people believe a prenup is only necessary when there is a lack of trust. In reality, it’s quite the opposite:

It’s about planning together, setting expectations clearly, and respecting each other’s rights and obligations from the start.

A prenuptial agreement in Thailand is a legal tool that helps couples start their marriage with clarity and confidence. When drafted and registered properly, it can protect personal assets, reduce legal risk, and prevent financial disputes in the future.

At KTP Legal Advisory, we ensure your agreement complies with Thai law, reflects your intentions, and supports your long-term peace of mind.

Step-by-Step Guide to Drafting and Registering Your Agreement

Once you understand what a prenuptial agreement is and why it matters, the next step is knowing how to properly prepare it under Thai law. This section outlines the key procedures, from legal drafting to official registration, to ensure your agreement is valid and enforceable.

Step 1: Consult with a Family Lawyer

The first and most important step is to speak with a qualified Thai family law attorney, especially if one or both parties are foreign nationals. A lawyer will help:

• Assess your property and financial background
• Determine what terms are legal and enforceable
• Identify potential risks or future issues
• Ensure compliance with Thai Civil and Commercial Code

We provide both legal and cross-cultural guidance for international couples.

Step 2: Draft the Agreement

Your lawyer will prepare a draft based on both parties’ intentions, which usually includes:

• A clear list of personal property (owned before marriage)
• Rules for handling jointly acquired assets
• Provisions on debts, business interests, or financial obligations
• Agreement on ownership and management of specific property types

If one party is a foreigner, the agreement should be prepared in both Thai and English to ensure mutual understanding.

Step 3: Review, Revise, and Approve

Both parties should carefully review the terms, ask questions, and suggest revisions before signing.
Transparency is essential both sides must fully understand and agree to the terms freely and voluntarily.

If needed, each party may consult their own lawyer for independent legal advice.

Step 4: Sign the Agreement in Front of Two Witnesses

The agreement must be:

• Signed by both parties
• Signed before the marriage registration takes place
• Signed in front of two competent witnesses, who must also sign the agreement
• Witnesses must be over 20 years old, mentally competent, and not involved in the agreement

If the agreement is signed after marriage, it is considered void under Thai law.

Step 5: Register the Agreement at the Time of Marriage Registration

Under Thai law, a prenuptial agreement is only valid if it is:

• Submitted at the same time the couple registers their marriage
• Registered at the same district office where the marriage is being recorded
• Attached to the official marriage registration form
• Two witnesses are required.

Late submission or separate filing after marriage is not accepted. Without proper registration, the agreement has no legal effect.

A valid prenuptial agreement in Thailand is not just about writing and signing, it must be legally reviewed, properly signed with two witnesses, and registered together with the marriage. Missing any step may render the agreement void.

Everything You Need Before You Register Your Marriage

To ensure your prenuptial agreement is legally valid and fully enforceable under Thai law, preparation is key. Use this checklist to stay organized and avoid common mistakes.

1. Personal Identification Documents

• Valid passport (for foreign nationals)
• Thai national ID card (for Thai citizens)
• House registration, if applicable
• Certified translation of any foreign documents (if not in Thai or English)

2. List of Assets and Liabilities

Each party should prepare a detailed list of:

• Assets owned before marriage (e.g., land, condo, savings, investments)
• Debts or liabilities (e.g., loans, mortgages, credit cards)
• Family-owned property or inheritance intended to remain separate
• Any business interests or intellectual property

This list helps define what is considered “personal property” in the agreement.

3. Agreement Terms to Be Discussed and Agreed Upon

• Ownership and management of future acquired property
• Handling of income, savings, or shared investments during marriage
• Responsibility for existing or future debts
• Other financial matters relevant to your relationship

Understand What Thai Law Allows and Forbids in a Valid Prenup

A prenuptial agreement in Thailand is an effective legal tool to protect personal assets and clarify financial matters between spouses. However, Thai law sets specific limits on what can be included and violating these rules may result in the agreement being void.

Let’s break down what is and isn’t allowed:

What You Can Include in a Thai Prenup

1. Declaration of Personal Property
   • Assets owned before marriage
   • Gifts or inheritances (even if received during the marriage)
   • Future benefits such as pensions, business income, or retirement plans
2. Management of Property During the Marriage
   • How each spouse can use or manage property acquired during the marriage
   • Responsibility for debt repayment
   • Business operations, ownership, and financial rights related to a company
3. Separation of Business or Professional Assets
   • Protection of privately held shares or company ownership
   • Assignment of rights to intellectual property or investments
   • Clarification of non-marital income
4. Jurisdiction and Record-Keeping Provisions
   • Language of the agreement
   • Methods of documenting and updating individual property
   • Agreement on how disputes under the prenup will be resolved (e.g., Thai court jurisdiction)

All terms must comply with Thai law and must not be against public order or good morals.

What You Cannot Include in a Thai Prenup

1. Division of Marital Property Upon Divorce
   You cannot predefine how jointly acquired property (marital assets) will be divided in the event of divorce.
   ➤ The Thai court will decide based on relevant law and circumstances at the time.
2. Child Custody or Child Support Clauses
   You cannot include any clause about future child custody or child support obligations.
   ➤ These are governed by the best interest of the child and subject to court approval.
3. Terms That Limit Legal Rights or Personal Freedoms
   You cannot waive your legal right to file for divorce, or restrict personal liberties (e.g., where to live, who to see).
   ➤ Any “moral obligation” clauses are unenforceable.
4. Agreements Against Thai Law or Public Policy
   Anything that violates Thai law, defrauds creditors, or contradicts public order/good morals will be void.

Understanding the Legal Limitations on Amending Prenups

One of the most common questions we receive from clients is:

“Can I change my prenuptial agreement after getting married?”

The answer under Thai law is clear:
No, you cannot change, amend, or revoke a prenuptial agreement after the marriage has been registered.

What Thai Law Says

According to Section 1467 of the Thai Civil and Commercial Code:

“After marriage, the prenuptial agreement cannot be altered except by authorization of the Court.”

This means:

• Spouses cannot modify or revoke the agreement on their own after marriage
• Any change requires a court order, and the court will only grant permission under special circumstances
• Without such authorization, any informal amendments are void

Once a prenuptial agreement is registered with your marriage in Thailand, it becomes legally binding and unchangeable unless a court authorizes a change under Section 1467 of the Civil and Commercial Code.

Because Thai law does not allow informal revisions after marriage, it’s critical to prepare the agreement thoroughly and correctly before registering your marriage.

Why Clients Regret Not Having a Prenup?

True Stories That Reveal the Value of Planning Ahead

At KTP Legal Advisory, we’ve represented countless clients in divorce, property, and family disputes. While every case is unique, one common theme emerges:

“I wish I had signed a prenuptial agreement before getting married.”

Below are real-life scenarios anonymized for privacy that illustrate how not having a prenup led to costly, emotional, and avoidable legal complications.

Case 1: The Family Inheritance That Was Lost

A foreign client married a Thai partner and moved assets from overseas to invest in a house during marriage and registered house under the spouse’s name. Years later, the marriage ended. The property, though paid for entirely by the client, was treated as jointly owned and ultimately divided.

If a prenuptial agreement had clearly stated that the house was personal property, it would not have been subject to division.

Case 2: Business Ownership Compromised

A foreign entrepreneur built a profitable company before marriage. After marrying without a prenup, his spouse became involved in managing the business. Upon divorce, disputes arose over profits, shares, and future ownership.

With a prenuptial agreement, he could have secured his pre-marital business interests and minimized operational disruption.

Case 3: Property Purchased Abroad Now in Dispute

An international couple purchased a vacation home in another country before marriage. After separating in Thailand without a prenup, the question of ownership became a cross-border legal issue complicated by the lack of a clear legal agreement at the time of marriage.

A bilingual prenup with international recognition would have clarified the legal standing of overseas assets.

Emotional Consequences: Trust Turned into Conflict

Even in otherwise peaceful separations, disagreements over assets often escalate when no prenup exists. What could have been a respectful closure turns into litigation draining both time and emotional energy.

Your Marriage Begins with Trust. We Help You Protect It

A prenuptial agreement in Thailand isn’t just for the wealthy or cautious, it’s a practical legal tool that helps both partners begin their life together with transparency, mutual respect, and long-term protection.

Whether you’re safeguarding personal assets, managing cross-border property, or simply ensuring peace of mind, a well-prepared and properly registered prenup ensures you’re both on the same page with legally and emotionally.

At KTP Legal Advisory, we guide you through the entire process with care:

• ✅ Bilingual drafting (Thai-English)
• ✅ Personalized advice based on your relationship and assets
• ✅ Compliance with Thai Civil and Commercial Code
• ✅ Registration with the district office on your marriage day
• ✅ International coordination (if applicable)
• ✅ Total confidentiality and professionalism