Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
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A Thai prenup counts only if it is made before the marriage and recorded when you register it. So the date that matters is your district office appointment, not the party. Below is the order we work in.
The deadline is the register, not the party
A prenup can only be made before the marriage is registered. Once you are married, it is too late. Married couples can sign a property agreement instead, but it is weaker, because either spouse can cancel it during the marriage or within one year after it ends. You can read more in our guide to postnuptial agreements in Thailand.
What a prenup can do for you
Without a prenup, money and property earned during the marriage is usually shared, and shared property is split equally if you divorce. Property you owned before the marriage stays yours, but rent or other income it earns during the marriage is usually treated as shared.
A prenup lets the two of you agree on something different. Common examples are:
- keeping your salary and savings separate
- keeping a condo you already own, and the rent it earns, on your side
- deciding how a home you plan to buy together will be shared (if the home includes land, a foreign spouse cannot own the land, so we explain how this works for you)
A prenup deals with property between spouses. Terms about custody or child support do not belong in it and would not be enforced. If you are unsure what to leave out, read what not to put in a Thai prenup.
Step 1: Talk about money early
The hardest part is usually the first conversation. Have it well before the wedding, not the week before. Agree in plain words what each of you wants to keep separate and what you are happy to share. Write it down as a simple list. That list is what we turn into the agreement.
Step 2: Gather your information
Before you contact us, put together:
- your full names and passport or ID details
- a list of what each of you owns now, such as bank accounts, property, vehicles, shares and business interests
- any debts you want to keep on your own side
- the place and rough date where you plan to register the marriage
You do not need exact values for everything on day one. A clear list is enough to begin.
Step 3: We draft the agreement
Our lawyers draft the prenup from your list and send it to both of you to read. You can ask questions and ask for changes. Because the agreement will be used in Thailand, it has to be clear to the officer who records it, so it is prepared in a form suitable for registration. The Department of Provincial Administration’s marriage registration guide lists the prenup among the documents to bring, and adds a general note: a document in a foreign language must be translated into Thai and legalised under the Department of Consular Affairs procedure. So plan for a Thai version of your prenup, and we confirm with the district office how it wants the translation handled before you book the appointment. On the day, recording a prenup adds time; the same guide puts registration at 20 to 30 minutes, depending on how much of the agreement is entered. If you want to understand how these agreements are treated when they are challenged, see will a Thai prenup hold up.
Step 4: Both of you review it properly
Read the final version slowly. Both of you. A prenup signed in a rush, or by someone who did not understand it, invites problems later. If one of you does not read English or Thai well, tell us early so we can plan for that.
Step 5: Sign and register on the same day
You both need to attend the marriage registration. The prenup is signed by both of you with two witnesses and recorded at the same time as your marriage is registered, usually at a district office in Thailand. If you want help with the registration itself, see our marriage registration service in Bangkok.
How long before the wedding should you start?
As early as you can. There is no fixed rule, and we cannot promise a set turnaround. Drafting, questions, final changes and, if needed, the certified translation all take time, in a month that is already full. Nobody should feel pushed into signing.
What it costs
Our prenup service is a fixed fee of 8,900 baht. You can see it alongside our other fixed fees on our pricing page. If you first want to talk your situation through with a lawyer, a consultation is 2,000 baht per hour.
Questions couples often ask each other
Four questions settle most of it:
- What happens to the money each of us brings into the marriage?
- If one of us earns much more, should the extra stay separate?
- If we buy a home together, how will we share it?
- Does either of us have a business or family property we want kept apart?
Agree on them now, while you are on good terms.
If one of you lives abroad
Many couples marrying in Thailand are not both living here. That does not stop you getting a prenup. Most of the preparation, such as the first conversation, the list of what you own and the review of the draft, can happen by email before you arrive. What we do not do at a distance is the signing and registration. You both sign the prenup with two witnesses, and you both attend the marriage registration where it is recorded.
Common mistakes to avoid
- Leaving it until after the wedding. At that point a prenup is no longer possible.
- Using a template from another country. It may not suit how property works in Thailand, and a term saying another country’s law governs your property would not be valid here.
- Trying to cover children. Custody and support are dealt with separately if you ever divorce.
- Not listing what you own. A vague agreement is harder to rely on later.
Getting started
Email your list and your planned registration date to info@thailawonline.com, or book a consultation and we will walk you through the next steps. For a full overview of the service, see our prenuptial agreement in Thailand page.
Common questions
Can we sign a prenup after the wedding in Thailand?
No. A prenup can only be made before the marriage is registered. Married couples can sign a property agreement instead, but it is weaker, because either spouse can cancel it during the marriage or within one year after it ends. If you already have a prenup, changing it after the wedding needs the court’s permission.
Do we both need to be there to register the prenup?
Yes. You both need to attend the marriage registration. The prenup is signed by both of you with two witnesses and recorded at the same time as your marriage is registered, usually at a district office in Thailand.
Can a prenup keep my salary separate?
Yes. Salary and other money earned during the marriage is usually shared property, and shared property is split equally if you divorce. A prenup can keep your salary and savings separate.
Can we include child custody in our prenup?
No. A Thai prenup deals with property between spouses. Terms about custody or child support do not belong in it and would not be enforced. If you divorce, you agree on the children in the divorce agreement, and if you cannot agree, the court decides based on what is best for the child.
How much does a prenup cost with Thai Law Online?
Our prenup service is a fixed fee of 8,900 baht. A consultation with a lawyer is 2,000 baht per hour if you want to talk it through first.
How early should we start?
As early as you can. There is no fixed rule, but drafting, reviewing and agreeing changes takes time, and starting early means neither of you feels rushed into signing.
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