Prenuptial Agreement — Same-Sex Couples (Marriage Equality Act 2025)
สัญญาก่อนสมรส — คู่สมรสเพศเดียวกัน (Marriage Equality Act 2568)
Quick Answer
Bespoke prenup for post-Equality Act same-sex couples — assets, medical POA, and adoption/surrogacy roadmap — from THB 22,000.
Timeline: 3–5 days drafting · register on marriage day · separate 1-day notary for Medical POA.
Legal Basis
CCC Amendment No. 24 (2024), in force 23 Jan 2025 — CCC §1448 (as amended) equalises spousal rights regardless of sex; §1465 prenups fully apply.
Who it is for
LGBTQ+ couples registering under the Marriage Equality Act (CCC Amendment No. 24 B.E. 2567, effective 23 January 2025) — needing asset planning, medical decision rights, and adoption planning.
Key Clauses
- Standard separate & community property (§1471, §1474)
- Medical Decision POA — emergency + long-term
- Adoption roadmap under the new Act
- Surrogacy/ART pathway aligned with the ART Protection Act 2015
- Cross-border recognition matrix (which jurisdictions recognise it)
Documents
- ID/Passport
- Pre-marriage asset schedule
- Advance medical directive if available
Pitfalls
- Non-recognising jurisdictions may refuse enforcement — plan B needed
- Adoption regulations under the Act are still draft (mid-2025)
- Surrogacy remains limited to opposite-sex couples in some cases — consult first
FAQ
- When can we register?
- 23 January 2025 at any amphur nationwide.
- Will my home country recognise it?
- 36+ jurisdictions do (US, UK, CA, AU, DE, FR, etc.) — we advise per country.
Other scenarios
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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.