Prenuptial Agreement in Thailand
Bilingual, enforceable prenups for every scenario — Thai × foreigner, expat × expat, business owner / founder, second marriage, same-sex couples post-Marriage Equality Act 2025.
Quick Answer
Legal basis: CCC §1465–1469
Timing: registered on the SAME DAY as marriage
Fee range: THB 15,000–120,000 (complexity-based)
Bilingual prenup drafted, registered at the same amphur on marriage day, clearly ring-fencing separate property to prevent 50/50 division on divorce — from THB 15,000.
Dual-governing-law prenup — compliant with CCC §1465 and home-country doctrine (UPMAA, MCA 1973, etc.); notary chain + Apostille end-to-end — from THB 35,000.
Shield shares, IP, and vesting earnings from division on divorce; drafted in lockstep with the Shareholder Agreement — from THB 30,000.
Preserve estates for prior-union children; coordinate with the will; ring-fence accrued pensions and RMF/SSF — from THB 20,000.
Bespoke prenup for post-Equality Act same-sex couples — assets, medical POA, and adoption/surrogacy roadmap — from THB 22,000.
FAQ
- When must a Thai prenup be signed?
- It must be entered into the marriage register on the SAME DAY as the marriage registration at the amphur (CCC §1466); otherwise it is void.
- Can it be amended later?
- Only by court order (§1467); so it must be drafted carefully from the outset.
- Will foreign jurisdictions enforce it?
- We prepare MFA-legalised bilingual originals plus onward Apostille/legalisation so it is ready for enforcement abroad.
- Do same-sex couples qualify?
- Yes — following the Marriage Equality Act (in force 23 Jan 2025) the same §1465 rules apply.
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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
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Frequently asked questions
- How does a foreigner register a marriage in Thailand?
- The foreign partner first obtains an affidavit of freedom to marry from their embassy in Thailand, has it translated into Thai and legalized by the Department of Consular Affairs, and then both parties register the marriage at any district office (amphoe) with passports and two witnesses. Since the Marriage Equality Act took effect on 23 January 2025, same-sex couples register on exactly the same basis.
- Do we need an interpreter at the district office?
- Yes in practice — most district offices require that a foreign party who does not read Thai be assisted by an interpreter, and many request that the interpreter present identification and sign the register. Some offices also expect a prenuptial agreement, if any, to be presented before registration, because a prenuptial agreement in Thailand is only valid when registered together with the marriage.
- Is a Thai marriage recognized in my home country?
- A marriage registered at a Thai district office is generally valid worldwide, but recognition procedures differ: many countries want the Thai marriage certificate and the Kor Ror 2 extract translated, legalized by the MFA and certified by their embassy before it is entered in their civil register. Some countries additionally require registration with their consulate within a set period.
- How is a prenuptial agreement made enforceable in Thailand?
- Under the Civil and Commercial Code a prenuptial agreement must be in writing, signed by both spouses and two witnesses, and registered with the marriage at the district office on the day of registration — an agreement signed afterwards is void as to property arrangements. It also cannot contradict public order or the rules on parental duties, so the drafting must be Thailand-specific rather than a translated foreign template.