UHNW Cross-Border Prenuptial & Postnuptial Agreements

Prenup / Postnup UHNW ข้ามพรมแดน · § Family
Quick Answer
Separate counsel per party → full disclosure → governing law (Thai/home/Hague) → bilingual drafting + Notary → file WITH marriage.
Timeline: Consult 2–3 weeks · drafting 3–5 weeks · Notary + filing 1 week · total 6–9 weeks.
Official fee: Marriage + prenup filing THB 100 · Notary THB 400–1,500 · Apostille THB 800 · certified translation THB 800/page.
Legal Basis
Thai CCC §§1465-1469 · §1469 file WITH marriage · Hague Matrimonial Property 1978 · UK MCA 1973 §25 (Radmacher v Granatino [2010]) · US UPAA/UPMAA.
Who Needs This
Couples ≥ USD 3M · Gen-2 family-business heirs · cross-nationality couples · second-marriage couples with prior children.
Required Documents
- Party-by-party assets + debts + valuation < 6 months
- 3-year income + tax returns + payslips
- Family tree + children from prior relationships
- Prior prenup / trust / SHA
- Bilingual certified translation + Notary
- Independent legal advice certificates both sides.
Common Pitfalls
- Filed after marriage registration · void under §1466 · switch to postnup (different force).
- No independent legal advice · UK/US courts void under Radmacher.
- No full disclosure · set aside · trust pierced.
- Overly harsh spousal-support waiver · struck as unconscionable.
Typical Use-cases
- Thai heiress + American CEO · tri-jurisdictional prenup · shielded USD 45M shares.
- Gen-2 SME · postnup after receiving shares · shielded from 50/50 split.
- Thai-Japanese couple · Tokyo assets · Hague Japanese-law election · divorce closed in 6 months.
- Second marriage · prenup + will + trust · protected biological children's inheritance.
FAQ
- Enforceable abroad?
- Yes with Apostille + translation · UK/AUS strong persuasive · US enforceable if UPAA-compliant.
- Prenup vs postnup?
- Prenup pre-marriage firmly binding · postnup requires voluntariness + consideration.
- Covers assets acquired during marriage?
- Yes if drafted explicitly · inheritances / gifts remain separate but their dividends / interest are community.
- Can child support be waived?
- No · it's the child's right · court overrides.
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Official sources — marriage & family registration
The information on this page follows the official sources below. Always check the latest version before you file.
- กรมการปกครอง — ทะเบียนราษฎร ทะเบียนครอบครัว— Department of Provincial Administration
- กรมการกงสุล — บริการรับรองเอกสาร (นิติกรณ์)— กระทรวงการต่างประเทศ
- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
- สำนักงานศาลยุติธรรม— Office of the Judiciary
- HCCH — Apostille Convention (5 October 1961) full text & status table— Hague Conference on Private International Law
Related services
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- Marriage registration
- Certified translation
- Consular legalization
- Notary Public
- Thailand visa
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Generally no for activities listed in the Foreign Business Act, where majority foreign ownership requires a Foreign Business Licence, a BOI promotion, or treaty rights such as the US–Thailand Treaty of Amity. Manufacturing and certain export activities are largely open, and BOI-promoted activities can permit full foreign ownership together with land-holding and visa privileges, so the right structure depends on the specific activity.
- What is the minimum registered capital for a Thai company?
- There is no general statutory minimum for a Thai-majority company, but practical thresholds apply: THB 2 million of paid-up registered capital per foreign work permit, or THB 1 million if the foreigner is married to a Thai national, and THB 3 million per foreign shareholder for a Foreign Business Licence. Capital should therefore be planned around the visa and work-permit outcome you need, not the incorporation minimum.
- How long does company registration take?
- Registration at the Department of Business Development can be completed within one to three working days once the name reservation, shareholder documents and company objectives are ready, and the VAT registration and social security registration follow afterwards. The realistic end-to-end timeline including bank account opening is two to six weeks, with the bank account usually being the slowest step for foreign directors.
- What ongoing accounting obligations does a Thai company have?
- Every Thai company must keep statutory accounts, file monthly withholding tax (PND 1, 3, 53) and VAT (PP 30) returns by the middle of the following month, file the half-year corporate income tax return (PND 51) and the annual return (PND 50), and have its financial statements audited by a Thai CPA and filed with the DBD each year. Dormant companies are not exempt — nil returns and an audited statement are still required.






