Prenuptial Agreements in Thailand: Advice from Someone Who’s Seen It All
by Anthony Justice
First of all, congratulations if you’re planning to get married in Thailand! While this is an exciting moment, paperwork is usually the last thing couples want to think about during wedding preparations. However, having helped numerous couples navigate this process, I can assure you that discussing a prenuptial agreement, or “prenup,” prior to saying “I do,” is one of the best decisions you can make. It’s about protecting both of you and beginning your marriage on open and sincere terms, not about being negative or assuming the worst.
What a Prenup Really Is – and Isn’t
In Thailand, a prenuptial agreement is a simple legal contract you both sign before registering your marriage. It lists what each of you owns before the wedding and spells out how money and property will be handled if the marriage ever ends.
What it’s not is a “get out of jail free card” or a sign you don’t trust your partner. I like to compare it to travel insurance: you hope you won’t need it, but if something unexpected happens, you’ll be glad it’s there.
Why Couples Choose to Have a Prenup
Over the years, I’ve seen a few common reasons why people go for a prenup:
• Clarity from Day One – It lays everything out. Both of you are fully aware of what is yours, what is shared, and what will happen in the event that
circumstances change.
• Protecting Your Business or Property – Unless you both agree otherwise, a prenuptial agreement guarantees that any business, land, or large
investments you own stay yours.
• Lessening the Pain of Divorce: Although no one plans to get divorced, having a prenuptial agreement makes the process quicker, more equitable, and
much less stressful if it does occur.
• Protecting Children– If either of you has children from a previous marriage, a prenup can help secure their future inheritance.
How it Works Legally
Thailand has clear prenuptial laws, which you should follow from the beginning:
1. It Must Be in Writing and Signed Before Marriage – No last-minute scribbles.
2. It Must Be Registered at the Same Time as Your Marriage – You submit it together at the district office (Amphur) when you register your marriage.
3. It Must Follow Thai Law – Prenups can only deal with property and finances. Things like child custody or spousal support aren’t allowed in the
agreement.
Although a useful tool, prenuptial agreements do have certain limitations. For example:
• They must not violate public order or morality. Any clause that is considered unfair, illegal, or against good morals will not be enforceable.
• They must respect the rights and duties of spouses under Thai law. For instance, a prenup cannot state that one spouse can never claim alimony —
that would go against the Civil and Commercial Code.
This is why working with a qualified Thai lawyer is so important. A professional can help ensure the agreement is valid, balanced, and truly protects both partners.
How to Bring It Up Without Making It Awkward
This is where many couples get stuck – how do you talk about a prenup without sounding like you’re planning for a breakup? My advice:
• Talk Early – Don’t wait until the wedding is two weeks away. Give each other time to think.
• Be Open and Honest: Talk about your assets, debts, and financial objectives.
• Keep It Fair – The best prenups are balanced and protect both sides.
Final Thoughts
The goal of a prenuptial agreement is to prepare for a solid, long-lasting marriage, not to predict failure. By talking openly about finances, you avoid misunderstandings later and set yourselves up for a healthier partnership.
If you’re planning to marry in Thailand, take the time to discuss what matters most to you both and have a professional prepare or review your agreement. It’s a small step now that can save a lot of stress in the future — and it lets you focus on what really matters: enjoying your wedding day and building a happy life together.