Many couples search for a "sample prenup" and swap in their names. The trouble is that the law sets a strict form: a defective form makes the whole agreement void, and some very common clauses, such as "no child maintenance" or "no claim on inheritance", have no effect when written. This guide explains what you can agree, what you cannot, and which clauses you should write yourself to fit your own assets. For dividing property on divorce, see the guide to divorce, marital property and custody.
Short answer
Legal basis (Civil and Commercial Code) Section 1465 lets the spouses' property follow a prenuptial agreement they made; if they made none, the statutory rules apply, and the agreement may not provide that foreign law governs. Section 1466 sets the form: recorded in the marriage register with the marriage registration, or in writing signed by the spouses and at least two witnesses, attached to the register and noted there as attached; otherwise it is void. Under Section 1467, once married the agreement cannot be changed or revoked unless the court permits. Under Section 1468 its terms do not affect the rights of third parties acting in good faith. Under Section 1469 a property agreement spouses make with each other during the marriage may be avoided by either of them. A term contrary to public order or good morals is void under the general rule (Section 150).
Our practical view A good prenup is not the longest one. It identifies the important assets clearly, is registered in the right form and contains nothing a court would strike out. Start several weeks before the registration day, because you need an asset list and witnesses.
Hypothetical example: Phum, 42, owns a rice mill company in Khon Kaen and has a 12-year-old daughter from an earlier marriage. He is about to marry Laksana, who owns a house bought before they met. They do not want the mill shares to become a dispute if they separate, but neither wants to be disadvantaged on income earned together. We use this couple throughout.
1. How is a prenuptial agreement made valid?
Section 1466 offers two routes. One is to record the terms in the marriage register on the day of registration. The other is to make a written document signed by both spouses and at least two witnesses, attach it to the marriage register and have the registrar note in the register that the agreement is attached. The second route suits an agreement with many details.
- Prepare it in writing before registration day; choose witnesses you can reach later
- Hand it to the registrar at the district office or municipal office on the registration day, and check that the register says the agreement is attached
- Keep the original and a copy of the marriage register with the agreement attached
- A document the spouses simply sign after registering is not a prenuptial agreement
2. After registration, can it be changed or added to?
After marriage the agreement cannot be changed or revoked unless the court permits (Section 1467). Whether a court will do so depends on the facts, so do not plan to "fix it later".
If there was no prenup, spouses can still agree on property, for instance a gift to each other, but under Section 1469 either spouse may avoid it while still married or within one year after the marriage ends, without affecting third parties in good faith. An agreement made during the marriage is therefore much less secure than a prenuptial agreement.
3. What can you agree?
The law lets spouses set their property regime themselves. Common topics:
- Classification of property: which assets are personal property (for example assets held before marriage, Section 1471) and which are marital property. By default, property not set aside as personal property is marital property (Section 1470)
- Income: whether salary, wages and business income during the marriage count as marital property
- Fruits of personal property: by default the fruits of personal property are marital property (Section 1474); you may agree they stay personal
- Business shares and dividends: shares held before marriage are the holder's personal property, but dividends are fruits and may be marital property, so say which
- Debts: who bears pre-marriage debts and business debts
- Management: who manages which assets and what needs the other's consent
The limits: the agreement may not provide that foreign law applies (Section 1465), and terms against public order or good morals do not work. Third parties such as banks and creditors who act in good faith are not bound by your agreement (Section 1468).
4. What does not work, or should not be written?
| Topic | Reason |
|---|---|
| Who inherits from whom | Section 1619 does not allow waiving or transferring a right to a living person's future inheritance; use a will |
| Custody or parental power fixed in advance | The court decides in the child's interest at the time of divorce (Section 1520) |
| No child maintenance | The duty to support a child belongs to the parents; a term cutting off the child's rights does not bind the court |
| Foreign law for the spouses' property | Prohibited by Section 1465 |
| Ban on divorce, penalty for infidelity | May be contrary to public order or good morals (Section 150) |
| Terms that strip third parties of rights | Good-faith third parties are unaffected (Section 1468) |
An unenforceable term can cast doubt on the whole document. Write terms as separate clauses so the valid ones can stand, and do not include the ones that cannot work.
5. Why do template clauses fail?
| Common template clause | The problem | What to write instead |
|---|---|---|
| "Assets each party owns before marriage are personal property" | No list; hard to prove what existed before marriage; silent on fruits | Attach an asset schedule with title deed numbers, account numbers and share counts, and agree the fruits directly |
| "Neither party has any right in the other's property" | Too broad; may sweep in inheritance and maintenance, which cannot be agreed away | Limit it to the classification and division of listed assets |
| "On divorce, no child maintenance is payable" | Does not bind the court and invites doubt about the document | Delete it; deal with children when the facts arise or let the court decide |
| "The wife has no right to inherit from the husband" | Conflicts with Section 1619 | Make a separate will |
| "No sale or mortgage without consent" | Does not bind good-faith third parties | State the consequence between the spouses, such as compensation, and keep evidence |
| "A party's business belongs wholly to that party" | Silent on growth in share value, dividends and salary from the company | Separate the shares, dividends, salary and any increase in value |
| A foreign form translated directly | Cannot choose foreign law (Section 1465) | Draft under Thai law and add a translation |
6. Special cases: business owners, children from an earlier relationship, a foreign spouse
Business owners. Separate the shares held before marriage, dividends, salary and growth in value during the marriage. Agree who bears company debts and guarantees, and do not have a spouse sign a guarantee without understanding it. For roles and money in a family business see the family business rules guide, and for separation see the guide on company shares and business assets on divorce.
Children from an earlier relationship. A prenup cannot settle inheritance (Section 1619), so pair it with a will, for example giving part of the assets to the child and choosing a neutral executor. See choosing an executor in a will. In Phum's case the agreement treats the mill shares as his personal property, and his will states which part of those shares goes to his daughter.
Foreign spouse
- A foreigner generally cannot own land in Thailand, and a prenup does not change that. State clearly whether land held by the Thai spouse is personal property, and look at the usufruct guide
- Draft in Thai under Thai law and attach a translation the foreign spouse can follow; the spouse should understand the content before signing, and you should note that the translation was read
- If a divorce may happen abroad, a foreign court may not follow a Thai agreement automatically; see the guide to divorcing a foreigner in Thailand
7. Sample clause
This is a starting point only and must be adapted to your own assets and intentions.
Clause 1 Personal property. The assets listed in the schedule to this agreement (items 1 and 2) are the personal property of the party named against them.
Clause 2 Shares and dividends. The ____ shares in ____ Co., Ltd. held by Mr. ____ before the marriage are his personal property.
Dividends received during the marriage are [personal property / marital property] (choose one).
Clause 3 Income. Salary and wages received by either party during the marriage are marital property.
Clause 4 Debts. Debts arising from a party's business are that party's own debts unless the other party acknowledges them in writing.
Clause 5 Scope. This agreement does not deal with inheritance, rights over a child, or child maintenance.
Clause 6 Severability. If any clause is unenforceable, the other clauses remain in effect.
8. Checklist
Before drafting
- List each party's assets and debts with supporting documents
- Decide who owns income, fruits and dividends
- Separate business assets and business debts from personal assets
Before signing
- Check there is no term on inheritance, child custody or foreign law
- Give each party time to read and take their own advice
- If a spouse is a foreigner, prepare an understandable translation
Registration day
- At least two witnesses sign
- The registrar notes in the register that the agreement is attached
- Keep a copy of the marriage register with the agreement
After the marriage
- Make a will if there are children from an earlier relationship or assets you want to direct yourself
- Review the plan as assets grow, remembering that changes need the court's permission
Further reading
- Divorce, marital property and custody — how a prenup plays out when property is divided
- Family business roles, pay and decision rules — separating money and roles in a family-held business
- Company shares and business assets on divorce — handling shares on separation
- Choosing an executor in a will — using a will alongside a prenup
- Usufruct for a foreign spouse — a land option for a foreign spouse
- Divorcing a foreigner in Thailand — recognition abroad
A prenup works when it is registered in the right form, names the assets clearly and avoids what the law does not let you agree.
We help draft prenuptial agreements and wills that fit your assets and family. For an initial consultation, call +66 92 254 2045 or send us the details. See also our family law practice.
This guide is published by Suwanvara Law Firm — a Khon Kaen law firm established in 1986. General information only, not legal advice on a specific matter.
