Prenuptial Agreement — Thai × Foreigner
สัญญาก่อนสมรส — คนไทย × ชาวต่างชาติ
Quick Answer
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.
Timeline: Draft 3–5 business days · 2 revision rounds · register at the amphur on the marriage day.
Legal Basis
Thai Civil & Commercial Code §1465–1469 — a prenuptial agreement must be in writing, signed by both spouses and two witnesses, and entered into the marriage register at the amphur ON THE DAY OF MARRIAGE REGISTRATION. Failure voids it under §1466.
Who it is for
Couples where one party is Thai and the other is a foreign national; needing pre-marriage asset segregation (pre-owned condo/house, foreign bank accounts, company shares).
Key Clauses
- Schedule A — separate property (condo, land, vehicles, accounts, shares, IP)
- Fruits of separate property (rent, dividends) remain separate
- Management & disposal of community property
- Pre-marriage debt — each spouse solely responsible
- Thai-law governing clause + certified English translation
Documents
- Thai ID + house registration / foreign passport
- Title deeds, condo sale contracts, 6-month bank statements, payslips
- Pre-marriage asset & liability schedule (we provide template)
- 2 witnesses (we can arrange)
Pitfalls
- Signed AFTER marriage registration → completely void (§1466)
- English-only text without a Thai translation → registrar will refuse to enter it
- Manifestly unfair to one spouse → court may re-open under §1467
- Assets omitted from Schedule A → presumed sin-somros (community) and split 50/50
FAQ
- Signed 3 months before wedding — is it valid?
- Not yet. It only takes effect once entered into the marriage register on the same day as the marriage registration at the amphur. Otherwise void.
- Can we amend it later?
- Only by court order (§1467). Draft carefully the first time.
- Will foreign jurisdictions recognise it?
- We prepare MFA-legalised bilingual originals plus onward Apostille/legalisation as needed.
- Total cost?
- Drafting THB 15,000–45,000 (complexity) + bilingual translation 3,000–8,000 + MFA 800/copy + amphur registration free.
Other scenarios
Request quote — Call 083-2494999 · LINE @NYC168 · contact@nyclegal.co.th
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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.