Thai–foreign prenuptial agreements

The Civil and Commercial Code sets strict formalities for a prenuptial agreement: it must be in writing, signed by both parties and at least two witnesses, and entered in the marriage register at the same time the marriage is registered. Miss any of these and the agreement is void, however fair its content.

Its scope is limited to property between the spouses, it must not offend public order or good morals, and the parties cannot freely elect a foreign law to govern their matrimonial property. Arrangements about future child custody or child maintenance are not matters a prenuptial agreement can bind a court on.

Thai–foreign couples commonly execute a single bilingual instrument so that both parties genuinely understand what they sign and the registrar can read the Thai text directly. State clearly which language prevails if the two versions conflict.

Timing is the easiest risk to control and the most often missed. The agreement must be finalised and physically presented on the registration day; coming back afterwards no longer produces a prenuptial agreement, and post-marriage variation is legally constrained.

Where the couple holds assets or residence in several jurisdictions, consistency with the law where the assets sit also matters. This page is general information for document preparation, not advice on your specific matter — consult a lawyer about your own facts.