international family law

Prenuptial Agreements in Thailand

Prenups That Stand in Thai Law

Enforceability of Prenuptial Agreements in Thailand

Prenuptial agreements are generally recognized and enforceable in Thailand. The legal framework governing such agreements is outlined in the Thai Civil and Commercial Code, specifically Sections 1465 and 1466.

prenuptial agreements in thailand

Legal Basis: Section 1465

Section 1465 establishes that if the parties enter into a prenuptial agreement, their property rights will be governed by the provisions set forth in Chapter IV of the Code. However, any clause in the agreement will be considered void if it:

  • Conflicts with public order or good morals, or

  • Specifies that the property will be governed by foreign law.

 

Formal Requirements: Section 1466

According to Section 1466, a prenuptial agreement is void unless it meets all of the following conditions:

  • It must be in writing.

  • It must be signed by both parties.

  • It must be witnessed by at least two individuals.

  • It must be registered or annexed to the Marriage Register at the time of the marriage registration.

 

Modification Restrictions

Once a prenuptial agreement is registered, it cannot be altered unless court approval is obtained.