Do I also need a will?

Yes — prenup handles life division; the will handles succession. They must be aligned.

Can the new spouse still claim?

The spouse has statutory rights under §1635, but a prenup + will narrow their scope.

Prenuptial Agreement — Second Marriage (Children from Prior Union)

สัญญาก่อนสมรส — สมรสครั้งที่ 2 (มีบุตรจากสมรสก่อน)

Quick Answer

Preserve estates for prior-union children; coordinate with the will; ring-fence accrued pensions and RMF/SSF — from THB 20,000.

Timeline: 3–5 days drafting + will coordination + notary — register on the marriage day.

Legal Basis

CCC §1465–1469 + §1599–1755 (succession) — community property passes to the surviving spouse first, so clear separation protects the children's inheritance share.

Who it is for

Couples entering a second marriage who want to preserve estates for children from a prior union and safeguard accrued pensions / RMF/SSF funds.

Key Clauses

Schedule A — inheritance from prior marriage remains separate
Pre-marriage pensions, RMF/SSF, provident funds remain separate
Coordination with will and children's shares
Life-insurance beneficiary preserved
Prior-union child support unaffected

Documents

Prior divorce decree / death certificate
Children's birth certificates
RMF/SSF/PVD statements
Current will (if any)

Pitfalls

No prenup → new spouse takes ahead of children (§1635)
Prenup misaligned with will → conflict, hard to construe
RMF/SSF unlisted → may drift into community if contributions continue

FAQ

Do I also need a will?: Yes — prenup handles life division; the will handles succession. They must be aligned.
Can the new spouse still claim?: The spouse has statutory rights under §1635, but a prenup + will narrow their scope.