Prenuptial Agreements in Thailand: Advice for Foreign Couples

Published: March 15, 2025

Marriage is one of life’s significant events, but beyond love and commitment, marriage also has important legal implications that should be considered. This is especially true for foreign couples marrying Thai nationals. A prenuptial agreement is an essential legal tool that helps protect the rights and interests of both parties. This article explains the importance of prenuptial agreements in Thailand, legal requirements, and considerations for foreign couples.

What is a Prenuptial Agreement?

A prenuptial agreement, or “prenup,” is a legal agreement made by a couple before marriage to establish how assets and debts will be managed during the marriage and in case of divorce.

Purposes of a Prenuptial Agreement:

Define ownership of pre-existing assets
Establish how assets acquired during marriage will be managed
Protect against liability for the other party’s debts
Provide guidelines for property division in case of divorce
Protect inheritance for children from previous marriages

Importance for Foreign Couples in Thailand

For foreigners marrying Thai nationals, prenuptial agreements have special importance due to differences in legal systems and potential risks.

Reasons Foreign Couples Should Consider a Prenuptial Agreement:

Different legal systems: Thai family law may differ from your home country’s laws
Asset protection: Protect pre-existing assets such as homes, land, savings, or intellectual property
Business and investments: Protect your business or investments from division in case of divorce
Foreign assets: Establish how assets located abroad will be managed
Tax planning: Help with efficient tax planning

Legal Requirements for Prenuptial Agreements in Thailand

According to the Thai Civil and Commercial Code, for a prenuptial agreement to be legally enforceable, it must meet the following requirements:

Basic Requirements:

Written form: The agreement must be in writing and signed by both parties
Witnesses: Must be signed by at least two witnesses
Made before marriage: The agreement must be made and signed before the marriage registration
Registered with the marriage: The agreement must be registered together with the marriage registration

Important Limitations:

Not contrary to public order or good morals: Conditions in the agreement must not be contrary to public order or good morals
Not related to personal rights and duties: The agreement cannot stipulate personal rights and duties between spouses, such as child-rearing
Does not affect third-party rights: The agreement cannot affect the rights of third parties

What Should Be Included in a Prenuptial Agreement

A prenuptial agreement should be detailed and cover various issues to protect the interests of both parties.

Content to Include in the Agreement:

1. Identification of Separate Property

List of assets each party owned before marriage
Attached documents showing details of assets, such as account numbers, land title deeds
Approximate value of each asset

2. Management of Marital Property

Definition of marital property (assets acquired during marriage)
Methods for managing and dividing marital property
Authority for decision-making regarding each type of property

3. Debts

Identification of pre-existing debts
Determination of responsibility for debts incurred during marriage
Methods for managing joint debts in case of divorce

4. Business and Investments

Determination of business or investment ownership
Rights to business management
Division of profits from business or investments

5. Foreign Assets

Identification of assets abroad
Laws applicable to foreign assets
Methods for managing and dividing foreign assets in case of divorce

Considerations When Making a Prenuptial Agreement in Thailand

Making a prenuptial agreement that is legally enforceable and beneficial for both parties has several considerations:

1. Legal Consultation

Specialized attorney: Consult an attorney specializing in family law with experience with foreign couples
Separate attorneys for each party: It is recommended that each party has their own attorney to ensure both parties’ interests are protected
Legal verification: Attorneys will help ensure the agreement complies with Thai legal requirements

2. Language Translation

Thai and foreign spouse’s language: The agreement should be in both Thai and the foreign spouse’s language
Certified translation: The translation should be certified by an authorized translator
Specify primary language: In case of conflict between the Thai and foreign language versions, specify which language will prevail

3. Full Disclosure

Honesty: Both parties should fully and honestly disclose their assets and debts
Supporting documents: There should be documentary evidence supporting the disclosure of assets and debts
Updated information: Information should be updated before signing the agreement

4. Fairness

Fair negotiation: Both parties should have equal opportunity to negotiate terms
No coercion: The agreement must be made voluntarily and without coercion
Sufficient time: There should be sufficient time to consider the agreement before signing (recommended at least 30 days before the wedding date)

Case Study: When There Is No Prenuptial Agreement

To understand the importance of a prenuptial agreement, consider the following case study:

John, a British national, married Somjai, a Thai national, without a prenuptial agreement. John had a house in London and significant savings before marriage. After marriage, they bought land in Phuket and built a house using John’s savings, but registered the land in Somjai’s name due to restrictions on foreign land ownership.

After 5 years of marriage, they decided to divorce. Under Thai law, the house in Phuket is considered marital property and must be divided equally between the two parties. The house in London is considered John’s separate property, but Somjai might claim a share if she can prove she contributed to maintaining or increasing the value of that house.

If they had a prenuptial agreement, they could have stipulated that the house in Phuket was John’s separate property, even though it was registered in Somjai’s name, which would have protected his interests in case of divorce.

Conclusion

A prenuptial agreement is an important legal tool for foreign couples in Thailand, helping prevent misunderstandings and conflicts that may arise in the future, and protecting the assets and interests of both parties.

Making a prenuptial agreement doesn’t mean you expect your marriage to fail, but rather shows thoughtful planning and responsibility towards your spouse and yourself. Consulting with legal experts will ensure your prenuptial agreement meets legal requirements and suits the needs of both parties.

Need advice on making a prenuptial agreement in Thailand? The family law team at Thai Visa Legal has experience in advising and preparing prenuptial agreements for foreign couples. Contact us today for a free consultation!

Note: The information in this article is general information as of the publication date and should not be taken as legal advice. Regulations may change. Please consult with an attorney before preparing a prenuptial agreement.