Prenuptial Agreement — Both Foreign Nationals in Thailand

Legal Basis

CCC §1465–1469 (Thailand) plus the home-jurisdiction matrimonial regime (UPMAA US, MCA 1973 UK, Family Law Act 1975 AU, BGB §1408 DE) — must satisfy both systems concurrently.

Who it is for

Expat couples registering in Thailand who need the prenup enforceable in both Thailand and home jurisdiction (US, UK, Australia, Germany, France etc.).

Key Clauses

• Dual-governing-law clause (TH + home) with conflict-of-law tie-breaker
• International separate-property schedules (A + B)
• Spousal support / alimony formula
• Sunset clause (mandatory in some states, e.g. NY UPMAA)
• Independent legal advice acknowledgment (mandatory UK, AU, US)

Documents

• Passports of both parties
• Legalised affirmations of freedom to marry
• Pre-marriage asset & liability schedule
• Attorney engagement letters (both jurisdictions)

Pitfalls

• Foreign-only text — Thai registrar refuses
• No ILA — some states (CA, NY) may find it unconscionable
• No Apostille — 4–8 week retro-fix if needed for enforcement abroad

FAQ

Do both parties need their own lawyer?

In many jurisdictions (UK, AU, several US states) yes — ILA is required or the agreement is vulnerable to unconscionability attack.

Will my home country enforce it?

Apostille/legalise the Thai original and lodge it with home-country counsel; enforcement depends on domestic prenup doctrine.

Other scenarios