Section 1469 — Prenuptial agreement — formal requirements
Statutory text (Thai original)
สัญญาก่อนสมรสนั้นต้องทำเป็นหนังสือลงลายมือชื่อคู่สมรสและพยานอย่างน้อยสองคนแนบไว้ท้ายทะเบียนสมรส และต้องจดแจ้งไว้ในทะเบียนสมรสพร้อมกับการจดทะเบียนสมรสว่าได้มีสัญญานั้นแนบไว้
Verbatim from the Royal Gazette / Office of the Council of State
English translation
An ante-nuptial agreement must be made in writing, signed by the parties and at least two witnesses, attached to the register of marriage, and noted in the register at the time of the marriage registration that such agreement is attached.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1469 is unforgiving: of the four formal requirements, missing any one makes the agreement void. Two pitfalls dominate practice: (a) the agreement must be signed and attached at the same moment the marriage is registered — couples who later realise they wanted a prenup cannot retroactively add one (a post-nuptial property agreement under §1465 is a different instrument and cannot achieve the same regime); (b) two witnesses must sign in the register's presence. Same-sex spouses can now enter a §1469 prenup following the 2024 Marriage Equality Act.
Why this matters in practice
For lawyers: ensure the prenuptial agreement is presented to the registrar on the day of registration — no later. Agreements signed days or weeks before, but not annexed at registration, are void. For clients: your prenup must be attached to the marriage register on the same day you marry; a separate notarised document kept in a drawer has no legal effect.
Legislative history
Section 1469 has governed the formal validity of prenuptial agreements since Book 5 was revised in B.E. 2519. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, extended these requirements equally to all couples. A separate right to revoke inter-spousal property agreements made during marriage (formerly also numbered §1469) was re-numbered when the Code was restated.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 818/2546 (2003)
Property agreements between spouses made during marriage may be revoked at will; contractual prohibitions on revocation are void as against statutory policy.
A transfer of land by one spouse to the other during marriage is a property agreement between spouses and may be revoked by either party at any time during the marriage or within one year of dissolution, notwithstanding any agreed-upon prohibition on revocation.
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Supreme Court Judgment No. 8739/2551 (2008)
A contractual bar on the statutory right to revoke an inter-spousal property agreement is void; the rest of the agreement survives.
An inter-spousal property agreement containing a 20-year prohibition on revocation is void insofar as it conflicts with the statutory right to revoke; the agreement itself remains otherwise enforceable.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can we sign a prenuptial agreement after the wedding?
No. A prenuptial agreement must be made before marriage and annexed to the marriage register at the time of registration under §1469. Any property agreement signed after the wedding is an inter-spousal property contract, not a prenuptial agreement, and either party may revoke it at will during the marriage or within one year of dissolution.
What can a prenuptial agreement in Thailand cover?
A Thai prenuptial agreement may specify how property will be classified (e.g. declaring that certain assets remain separate property rather than marital), how property will be divided on divorce, and management rights over specific assets. It may not contain clauses contrary to public order or good morals, may not govern the personal relationship between spouses, and may not apply foreign law to Thai-sited property. Any such clause is void under §1465.