Prenuptial & Postnuptial Agreements for Foreigners in Thailand — CCC §§ 1465–1469 · Conflict of Laws Act 1938 · HCCH Apostille (มีผล 28 ก.พ. 2570)

Can I sign a prenup after the marriage is registered?

No. CCC § 1466 requires the prenup to be recorded simultaneously with the marriage registration. Post-registration amendments require court approval under § 1467. The practical alternative is a postnuptial agreement under § 1469, valid at any time during marriage but revocable by either spouse within one year after the marriage ends.

Does a US / UK / Australian prenup work in Thailand?

It can — if (a) the marriage is registered in that country, in which case foreign law governs the property regime via Conflict of Laws Act § 27; (b) the clauses do not violate § 13 (Thai public order); (c) for Thai land the Lex Situs rule (§ 28) always overrides. To make a foreign prenup work with a Thai marriage you must translate it into Thai, MFA-certify it, and lodge it in the Thai marriage register at the moment of registration.

I'm a foreigner marrying a Thai national — can a prenup protect land that my Thai spouse buys 'for me'?

No, and you should not try. Land Code § 86 prohibits foreign ownership of land and § 113 criminalises nominee arrangements (§ 94 forces sale within one year, plus imprisonment). Lawful structures: (1) 49% Condo Quota under Condominium Act § 19, (2) 30-year lease + renewal option, (3) Superficies/Usufruct, (4) BOI/IEAT industrial land. Your prenup should state clearly which assets are the Thai spouse's separate property and which are the foreigner's separate property — no joint structure on land.

How complete must financial disclosure be?

100%. Assets, debts, current income, unvested stock options, trust beneficiary interests, crypto, expected inheritances — all of it. Concealment may render the agreement voidable for fraud under CCC § 159. We use a Disclosure Schedule annex and require each spouse to sign every page acknowledging receipt.

Is Independent Legal Advice (ILA) required?

Not by Thai statute, but in practice essential because (a) it pre-empts later challenges based on duress or undue influence, (b) Australia Family Law Act 1975 § 90G and UK matrimonial practice require each spouse to have separate counsel, otherwise the Mirror Agreement in that country will not bind. We arrange a different lawyer for each spouse and produce an ILA Certificate.

Are Sunset Clauses enforceable in Thailand?

Yes — a clause stating that listed assets revert to community-property default after, e.g., 10 years does not offend § 13. Infidelity / lifestyle penalty clauses are a different matter and risk § 13 voidance in the Thai text; we therefore deploy them only in the Mirror Agreement in jurisdictions that recognise them (some US states, partial UK recognition).

Can child support be fixed in advance in a prenup?

**No.** CCC § 1598/38 + UN Convention on the Rights of the Child Art. 3 (Best Interests) place the child's right above any agreement between parents. The court determines child support based on need at the time of divorce, unconstrained by the contract. Spousal support / alimony for the spouses themselves can be agreed in advance.

How does Apostille / Legalization work for a prenup?

Since 28 February 2027 Thailand is a party to the HCCH Apostille Convention. A District-Office-certified copy of the prenup can be Apostilled at the MFA Department of Consular Affairs and used directly in 130 contracting states — no destination embassy stamp required. For non-Apostille states (e.g. Canada), traditional Embassy Legalization still applies.

How are financial and family data protected?

Top-tier sensitive data under PDPA § 24 — stored on ISO/IEC 27001 servers in Thailand, AES-256 + HSM at rest, TLS 1.3 in transit, MFA + biometric access, full audit log. Only the responsible attorney and paralegal access the file. Retention 30 years. Data-subject rights: dpo@notary.co.th — registered DPO with the PDPC.

Is the first consult free? What should I send?

Yes. Send via LINE: (1) nationalities + ages + country of intended marriage registration; (2) preliminary asset schedule (assets / debts / income) by jurisdiction; (3) objective (asset protection / business succession / estate planning / children from a prior marriage); (4) timeline to marriage. Within one business day you receive a **Drafting Roadmap + Conflict-of-Laws Memo + fixed-fee quote**. Lawyer-Client Privilege applies from the first message.