Prenuptial Agreements (Prenups) in Thailand

In Thailand, a prenuptial agreement is legally recognized under the Civil and Commercial Code, Section 1465. For expats and foreigners marrying in Thailand, a valid prenup is the only legally accepted way to regulate property ownership before marriage.

To be legally valid, a prenuptial agreement must meet all of the following conditions:

• It must be made in writing
• It must be signed by both parties
• It must be signed in the presence of at least two witnesses
• It must be registered at the District Office (Amphur)
• Registration must take place at the same time as the marriage registration

If any of these requirements are not met, the prenuptial agreement is void and unenforceable under Thai law.

Registration of a Prenuptial Agreement at the District Office

A prenuptial agreement in Thailand must be registered at the same District Office (Amphur/Khet) where the marriage is recorded. This is also where the Kor Ror 2 (marriage registration form) is prepared and the Kor Ror 3 marriage certificate is issued.

Thai law allows two registration formats. For short and simple agreements, the registrar may record a brief summary of the prenup directly in the remarks section of the Kor Ror 2. While this method is quick, it provides limited space and usually does not include detailed asset schedules.

For longer or bilingual agreements — which are common where one spouse is a foreign national — the full signed prenuptial agreement, including asset schedules, can be physically attached to the Kor Ror 2 register. The registrar will then note that a prenuptial agreement has been attached. This method provides clearer and more complete evidence of each spouse’s personal property.

If an Amphur is reluctant to register a prenuptial agreement, couples should politely refer to Section 1466 of the Civil and Commercial Code, which requires that a valid prenup be registered together with the marriage. It is advisable to contact the Amphur a few days in advance to confirm the preferred registration format and whether an appointment is required, particularly in larger cities or tourist areas.

Amendments After Marriage

After the marriage has been registered, a prenuptial agreement cannot be added to or amended. Any changes are only possible with court approval, which is rarely granted and requires strong legal justification.

Agreements Between Spouses During Marriage

Under Section 1469 of the Civil and Commercial Code, agreements made between husband and wife during marriage — including gifts and property arrangements — are considered voidable. This means such agreements can be challenged and invalidated by the court.

How Thai Prenuptial Agreements Are Treated in Divorce

In Thailand, the role of a prenuptial agreement becomes particularly important in the event of divorce. How a divorce is handled — and how property is divided — depends on whether the spouses agree or whether the matter must be decided by the court.

Administrative Divorce at the District Office (Amphur)

Where both spouses mutually agree to divorce, they may register an administrative divorce at the District Office (Amphur). In such cases, the spouses are free to agree on the division of assets and may use their prenuptial agreement as guidance when drafting their divorce settlement.

Court Divorce and Judicial Property Division

If the spouses cannot agree, the divorce — including property division — must be decided by a Thai court. Thai family courts will primarily apply the Civil and Commercial Code (Book V: Marriage), as Thailand follows a civil law system.

Courts will enforce prenuptial agreement provisions only to the extent that they do not conflict with mandatory law or public order and good morals. Any clause that contradicts Thai law may be declared void or unenforceable.

Equal Division of Marital Property

Under Section 1533 of the Civil and Commercial Code, marital property (sin somros) must be divided equally upon divorce. Any prenuptial clause attempting to override this principle may be declared invalid.

Importance of Asset Classification and Evidence

A key practical value of a prenuptial agreement is the clear identification of personal property. This carries significant evidentiary weight. In cases of doubt, Thai courts generally presume that an asset is marital property and therefore subject to equal division.

For example, where a foreign spouse purchases a house in Thailand that is registered in the Thai spouse’s name under land office regulations, this registration alone does not override the Civil and Commercial Code’s rules on personal and marital property. The court will assess ownership based on evidence, not registration formality alone.

Proper documentation — such as consistent asset records, declarations, or schedules updated during the marriage — strengthens the evidentiary value of a prenup. Without clear accounting, valuation becomes complex and the court has broad discretion to decide based on available evidence and circumstances.

How does a Thai prenuptial agreement affect divorce and property division?

If you and your spouse cannot agree on issues such as asset division, a Thai court will decide the case primarily under the Civil and Commercial Code. A valid prenuptial agreement can be strong evidence—especially for identifying personal property.

However, marital property must still be divided equally under Thai law, and what counts as marital property is determined by the Civil and Commercial Code (not by the prenup). Provisions that conflict with mandatory law or public order/good morals may be treated as void or unenforceable.

How important is a prenuptial agreement under Thai law?

A Thai prenuptial agreement has a limited but practical role. Thai law automatically creates a statutory marital property regime upon marriage, and this framework cannot be fully excluded by contract.

Even without a prenup, personal property remains personal property under Thai law. However, a properly drafted and registered prenup can provide clear written evidence of what each spouse owns personally—often crucial at divorce or death.

Can a Thai prenup exclude marital property or apply foreign law?

In general, a Thai prenuptial agreement cannot override mandatory provisions of Thai law. The legal definition of marital property is set by statute and cannot be freely changed by agreement.

Likewise, applying foreign marital property law in Thailand is often problematic in practice. For Thai registrations and Thai assets, a prenup should comply with Thai law and Thai formal requirements.