Drafting a Prenuptial Agreement in Thailand

Marriage is not only a personal and emotional union but also a legal and financial partnership. While couples often focus on love, trust, and family, the law views marriage as a contract that creates rights and obligations between spouses. In Thailand, one of the most effective tools for managing financial expectations and protecting assets is a prenuptial agreement. Known in Thai law as a “contract made before marriage” (under Section 1465 of the Thai Civil and Commercial Code), a prenuptial agreement allows couples to define how property and debts will be managed during the marriage and in the event of divorce.

This article provides an in-depth look at the importance, requirements, drafting process, and practical considerations when preparing a prenuptial agreement in Thailand.

Why Consider a Prenuptial Agreement in Thailand?

Many people hesitate to raise the subject of prenuptial agreements, fearing it reflects mistrust. However, in reality, a well-prepared agreement can strengthen a marriage by fostering transparency and reducing the likelihood of disputes later. In Thailand, prenuptial agreements are especially important for:

Protecting separate property – ensuring that assets acquired before marriage, or received as gifts or inheritance, remain the individual’s property.
Clarifying marital property rules – distinguishing between “Sin Suan Tua” (personal property) and “Sin Somros” (marital property).
Business protection – safeguarding business interests, shares, or family-owned companies from becoming marital property.
International couples – resolving potential conflicts of law where one spouse is foreign, and ensuring clarity across jurisdictions.
Avoiding future disputes – giving couples certainty about how assets and liabilities will be handled if the marriage ends.

Legal Framework for Prenuptial Agreements in Thailand

Prenuptial agreements are governed primarily by the Thai Civil and Commercial Code (CCC). Some key principles include:

The agreement must be made in writing.
It must be signed by both parties and two witnesses.
It must be registered with the marriage at the local district office (Amphur/Khet).
It cannot contain terms contrary to law, good morals, or public order (for example, terms depriving a spouse of basic rights or regulating custody in ways that contradict the child’s best interests).

If a prenuptial agreement is not registered at the time of marriage, it may be declared void. This makes proper drafting and registration essential.

Key Elements of a Prenuptial Agreement

Although each couple’s situation is unique, most prenuptial agreements in Thailand cover the following areas:

Identification of Parties
- Full names, nationalities, and addresses of both spouses.
- Details of witnesses, who must also sign the agreement.
Definitions of Property
- Sin Suan Tua (personal property): assets owned before marriage, received as inheritance or gift, and personal belongings.
- Sin Somros (marital property): assets acquired during the marriage, including income, joint acquisitions, and sometimes returns from Sin Suan Tua.
Management of Marital Property
- Who has the right to manage certain assets.
- Whether joint signatures are required for major transactions.
Debt Responsibility
- Clear allocation of liability for debts incurred before and during the marriage.
Business Interests
- Protection of family companies, shares, or businesses owned before marriage.
Dispute Resolution
- Choice of law and jurisdiction, particularly important for international couples.

The Drafting Process

Drafting a prenuptial agreement in Thailand involves several steps to ensure legal validity and fairness:

1. Open Communication Between Partners

The first and most important step is for both partners to discuss their financial situations openly. Transparency prevents misunderstandings and ensures that the agreement reflects mutual consent.

2. Engage Legal Counsel

Thai law does not require each party to have separate lawyers, but it is strongly recommended—especially for international couples. Legal counsel ensures that:

The agreement complies with Thai law.
The foreign spouse understands the implications in their home country.
Both parties’ rights are adequately protected.

3. Drafting the Agreement

Lawyers will prepare the draft agreement according to the couple’s specific needs. Care must be taken not to include provisions that would later be considered invalid, such as restrictions on child custody or terms that are manifestly unfair.

4. Review and Translate (if necessary)

If one party is a foreigner, the agreement should be prepared in both Thai and the foreigner’s language to avoid disputes about understanding and consent.

5. Signing and Witnesses

Both parties must sign the agreement in the presence of two competent witnesses. The witnesses should also sign to validate the contract.

6. Registration with the Marriage

The prenuptial must be submitted at the district office (Amphur/Khet) when the marriage is registered. The registrar will record it in the marriage register. If it is not registered, the prenuptial is unenforceable.

Limitations of a Prenuptial Agreement in Thailand

Thai law restricts the scope of what a prenuptial agreement can cover. For example:

It cannot include provisions that attempt to exclude a spouse from the legal duty of support.
It cannot stipulate arrangements for child custody, since custody is always decided in the best interests of the child.
It cannot contain terms contrary to public order or good morals.
It cannot attempt to evade mandatory provisions of Thai family law.

Importance for International Couples

Thailand is home to many marriages between Thai citizens and foreign nationals. For such couples, prenuptial agreements are particularly valuable because:

Conflict of law issues – In case of divorce, questions often arise about which country’s law will apply. A prenuptial agreement can specify the governing law.
Recognition abroad – While Thai prenuptials are valid in Thailand, their recognition abroad depends on the legal system of the foreign spouse’s home country. Couples should seek advice in both jurisdictions.
Asset protection across borders – International couples often own property in multiple countries, making clarity essential.

Common Mistakes to Avoid

When drafting a prenuptial agreement in Thailand, couples should avoid:

Last-minute agreements – Signing just before marriage may raise questions about voluntariness.
Failing to disclose assets – Non-disclosure may lead to disputes and potential invalidity.
Not seeking proper legal advice – Using generic templates may result in an unenforceable contract.
Omitting registration – If the agreement is not registered at the time of marriage, it will not be valid.

Practical Considerations

Translation – For mixed-nationality couples, bilingual contracts (Thai and English or another language) are recommended.
Notarization – While not required under Thai law, notarization may help with recognition abroad.
Prenuptial and visas – Foreigners marrying Thais may later apply for marriage visas or permanent residency; a prenuptial can clarify property ownership during immigration checks.

Conclusion

A prenuptial agreement in Thailand is not just a legal safeguard; it is also a practical tool for couples who want to build their marriage on transparency and fairness. By clarifying property ownership, debt responsibilities, and asset management, a prenup helps avoid conflicts and ensures smoother legal processes in the event of divorce.

Drafting a prenuptial agreement in Thailand requires attention to detail, compliance with legal requirements, and careful registration at the time of marriage. For international couples, additional considerations about recognition and cross-border property issues make legal advice indispensable.

Ultimately, a well-drafted prenuptial agreement can strengthen trust, protect both partners’ interests, and secure the long-term stability of the marriage. In a country where family, tradition, and legal certainty intersect, taking the time to prepare a prenuptial agreement is both wise and responsible.