Thailand Prenuptial Agreements: Protecting Assets Before Marriage

Overview of Thai Prenuptial Agreements

Prenuptial agreements (known in Thai as "Sanya Gon Somros" or agreement before marriage) are legally recognized and enforceable in Thailand under the Civil and Commercial Code (CCC) Book V. These agreements allow couples to determine how their property will be classified and divided, deviating from the default legal framework that would otherwise apply.

For foreign nationals marrying Thai citizens, a well-drafted prenuptial agreement is one of the most important legal protections available. Without one, Thai law's default property division rules apply - which may not align with what either party expects or intends.

                Key Point: A prenuptial agreement MUST be made and registered BEFORE the marriage is registered at the Amphur (District Office). Once married, it becomes a postnuptial agreement with different (and more limited) legal standing.
            

Why Prenups Matter for Foreigners

Asset Protection: Clearly define which assets remain separate property
No Land Ownership: Foreigners cannot own land - prenups help protect financial contributions
Sin Sod Clarity: Document whether dowry payments are gifts or refundable
Business Interests: Protect company shares and business assets from marital division
International Assets: Address how assets in multiple countries will be treated
Inheritance Planning: Coordinate with estate planning for children from previous marriages

Legal Framework: CCC Book V

Thai prenuptial agreements are governed by the Civil and Commercial Code, Book V (Family), particularly Sections 1465-1493 covering marital property. Understanding this framework is essential for creating an enforceable agreement.

Default Property Rules (Without Prenup)

Without a prenuptial agreement, Thai law classifies marital property into two categories:

Property Type	Description	Division on Divorce
Sin Suan Tua (Separate Property)	Property owned before marriage, inheritances, gifts to one spouse, personal effects	Remains with original owner
Sin Somros (Marital/Common Property)	Property acquired during marriage, income earned during marriage, fruits of separate property	Divided equally (50/50)

CCC Section 1471 - Separate Property (Sin Suan Tua)

"The following shall be the separate property of a spouse: (1) Property belonging to either spouse before marriage; (2) Property for personal use, dress or ornament suitable to the station in life, or tools necessary for carrying on the profession of either spouse; (3) Property acquired by either spouse during marriage through a will or gift; (4) Khongman [engagement gifts]."

CCC Section 1474 - Marital Property (Sin Somros)

"The following shall be Sin Somros: (1) Property acquired during marriage; (2) Property acquired by either spouse during marriage through a will or gift made in writing if it is declared by such will or document of gift to be Sin Somros; (3) Fruits of Sin Suan Tua."

What a Prenup Can Change

A prenuptial agreement allows couples to modify these default rules, including:

Reclassifying what would be marital property as separate property
Agreeing that income during marriage remains separate
Specifying that certain assets (investments, businesses) stay with the original owner
Setting different division percentages than 50/50
Addressing debts and liabilities

What Can Be Included in a Thai Prenup

Thai prenuptial agreements can address a wide range of financial and property matters. Here are the most common and important provisions:

Separate Property Declarations

List of all assets owned by each party before marriage
Bank accounts with balances as of marriage date
Real property (land, condos) with title details
Vehicles with registration numbers
Investment accounts, stocks, and bonds
Business interests and company shares
Intellectual property rights

Income and Earnings Provisions

Whether salaries remain separate or become marital property
Treatment of bonuses, commissions, and stock options
Business income and profits
Rental income from separate property
Investment returns and capital gains

Property Acquired During Marriage

How future property purchases will be classified
Treatment of property bought with funds from one spouse only
Joint purchases and how ownership will be determined
Provisions for property in different countries

Sin Sod (Dowry) Provisions

Whether Sin Sod is a gift or refundable payment
Conditions under which Sin Sod must be returned
How gold and jewelry given as Thong Mun will be treated
Documentation of amounts and items given

Cannot Include: Thai prenups cannot validly include provisions about child custody, child support amounts, or terms that violate public policy or good morals. Provisions waiving rights to maintenance entirely may also be unenforceable.

Common Provisions for Foreign Spouses

Foreign nationals often include these specific provisions:

1

Financial Contributions to Land: Documentation that funds provided for land purchase (in Thai spouse's name) are a loan or create an equitable interest, not a gift

2

Building Ownership: Clear statement that buildings constructed with foreign spouse's funds belong to them via superficies or other structure

3

Foreign Assets: Agreement that assets in the foreign spouse's home country remain governed by that country's law

4

Retirement Funds: Protection of pensions, 401(k), and other retirement accounts

5

Currency and Transfer: Provisions addressing exchange rates and international transfers

Registration Requirements

For a Thai prenuptial agreement to be enforceable, it must meet specific formal requirements. Failure to properly register the agreement can render it unenforceable in Thai courts.

Essential Requirements

Written Form: Must be in writing - oral agreements are not valid
Before Marriage: Must be executed BEFORE marriage registration
Registered with Marriage: Must be registered at the Amphur at the same time as the marriage
Both Parties Present: Both spouses must be present at registration
Thai Translation: If in a foreign language, must be translated into Thai
Witnessed: Should be witnessed by at least two witnesses

                Critical Timing: The prenuptial agreement must be registered at the Amphur (District Office) at the same time the marriage is registered. If you register the marriage first and try to register the prenup later, it will not have the same legal effect.
            

Registration Process

Draft the prenuptial agreement (recommend using a Thai lawyer)
Have the agreement translated into Thai if originally in another language
Both parties review and sign the agreement
Bring the agreement to the Amphur when registering the marriage
The registrar will note the prenuptial agreement in the marriage registration
The agreement becomes part of the official marriage record

Documentation Needed at Amphur

Original prenuptial agreement (Thai language or with translation)
Copies of the agreement
Passport and ID documents for both parties
Standard marriage registration documents
Translation of foreign documents (certified)

Enforcement in Thai Courts

When divorce proceedings occur, the prenuptial agreement will be examined by the Thai court. Understanding how courts evaluate these agreements helps ensure yours will be enforced.

Factors Courts Consider

Proper Registration: Was it registered with the marriage?
Voluntary Consent: Did both parties enter freely without coercion?
Full Disclosure: Did both parties disclose their assets?
Independent Advice: Did each party have opportunity to consult a lawyer?
Fairness: Is the agreement grossly unfair to one party?
Public Policy: Does it violate Thai public policy?

Grounds for Invalidation

Thai courts may refuse to enforce a prenup if:

It was not properly registered with the marriage
One party was coerced or forced to sign
Significant assets were hidden or not disclosed
The agreement is unconscionably one-sided
It violates mandatory provisions of Thai family law
Fraud or misrepresentation occurred

Best Practice: Both parties should have independent legal counsel review the agreement before signing. This helps demonstrate voluntary consent and protects against later claims of unfairness or misunderstanding.

International Considerations

For couples with assets in multiple countries:

Thai prenups are generally only enforceable in Thailand for Thai assets
Foreign courts will apply their own law to determine enforceability
Consider having separate agreements under each relevant jurisdiction
Include choice of law provisions where appropriate
Coordinate with lawyers in both Thailand and your home country

Sin Sod and Prenuptial Agreements

Sin Sod (Thai dowry) is one of the most contentious issues in Thai-foreign marriages. A prenuptial agreement can provide crucial clarity about the legal status and recoverability of these payments.

The Sin Sod Problem

By default, Sin Sod paid to the bride's family is considered a gift and is not recoverable upon divorce. Many foreign grooms pay substantial amounts (sometimes millions of baht) expecting this to be refundable if the marriage fails - only to discover they have no legal right to recover it.

Without Documentation: Courts typically treat Sin Sod as an irrevocable gift to the bride's family. You cannot get it back without specific contractual provisions stating otherwise.

Protecting Sin Sod in a Prenup

A prenuptial agreement can include provisions that:

Document the exact amount of Sin Sod paid
Classify Sin Sod as a conditional payment rather than gift
Specify conditions for return (e.g., divorce within X years, infidelity)
Require bride's family to acknowledge the conditional nature
Address gold (Thong Mun) separately from cash payments

Sample Provision Language

"The parties acknowledge that the sum of [amount] THB paid by [Groom] to the family of [Bride] as Sin Sod is a conditional payment, not a gift. In the event of divorce within [X] years of marriage, or in the event of adultery by the Bride, the full amount shall be returned to [Groom]. The Bride's family has acknowledged and agreed to these conditions in writing."

For more detailed information on Sin Sod, see our dedicated guide: Sin Sod (Thai Dowry): Legal Status and What to Know.

Postnuptial Agreements

If you are already married and did not sign a prenuptial agreement, you can still create a postnuptial agreement. However, there are important differences.

Key Differences from Prenups

Cannot be registered with the marriage (already registered)
Has less automatic legal recognition
Courts scrutinize more carefully for fairness
May be treated as a contract rather than marriage agreement
Still useful but not as strong as properly registered prenup

When Postnups Are Used

Couples who married without a prenup
Significant change in financial circumstances
Starting a business during marriage
Receiving inheritance during marriage
Addressing issues not covered in original prenup

Working with Thai Lawyers

Given the complexity of Thai marriage law and the stakes involved, working with qualified legal counsel is essential.

Finding a Lawyer

Look for lawyers experienced in family law and international marriages
Ensure they are licensed by the Thai Lawyers Council
Verify they have experience with prenuptial agreements
Check if they speak your language or provide translation
Ask about their experience with cases involving foreigners

What to Discuss

All assets you own, including those outside Thailand
Business interests and how to protect them
Any property you plan to purchase in Thailand
Sin Sod arrangements and expectations
How income during marriage should be treated
Inheritance and estate planning considerations

Estimated Costs

Prenuptial agreement preparation in Thailand typically costs:

Simple agreement: 20,000-50,000 THB
Complex agreement (significant assets, businesses): 50,000-150,000 THB
International coordination (with foreign lawyers): 100,000+ THB