Prenuptial Agreements and Same Sex Marriage:

Recognition of Foreign Same-Sex Marriages

In time to come Thailand will also recognize same-sex marriages performed in other countries.

Social Attitudes Toward LGBTQ+ Marriage in Thailand

While Thai society changes we see the gradual acceptance of gay rights in Thailand. As an example the 2021 UNDP survey should under the younger generation that 70% of respondents accepted same sex marriage in Thailand.

Thai society has been very tolerant towards same sex marriage. This is because Buddhism does not explicitly condemn homosexuality, and Thai culture generally emphasizes harmony and non-confrontation. In the rural areas of Thailand it is less tolerated and accepted.

Marriage Process for Same-Sex Couples in Thailand

The marriage process for same sex marriage is the same as a heterosexual relationship. Below we will explain this as you can see the full process on this website under same sex marriage registration as well as marriage registration for heterosexual couples.

Who Can Marry in Thailand?

Once all the documents are collected the following people can get married as a same sex couple.

• The first are Thai nationals marrying each other
• The second as Thai nationals marrying foreign nationals
• Finally there are foreign nationals marrying each other (if their home countries allow)

Where to Register

All legal marriages needs to be registered at the Amphur office. So all legal marriages must be registered at a local District Office (Amphur or Khet). Note that traditional Thai weddings are not a legally binding marriage.

Required Documents and Legal Steps

For Thai Nationals the following documents will be needed

• You will need to have your Thai ID card
• Likewise you should have a Tabien Baan (House Registration Document)
• Lastly a divorce decree or death certificate (if previously married)

For Foreign Nationals there are more documents needed.

Passport and visa (plus copies)

• Affirmation of Freedom to Marry (No Objection Letter) issued by your embassy
• Translation of the No Objection Letter into Thai by a certified translator
• Legalization of translated documents at the Thai Ministry of Foreign Affairs (MFA)
• Divorce decree or death certificate of previous spouse (if applicable)
• You can use our certified translation service in Bangkok.

The No Objection Letter Process

Visit your embassy in Bangkok and obtain the following documents:

• They will provide you with documents proving you’re legally single.
• Sign an affidavit or declaration (depends on embassy rules).
• Embassy issues the no objection letter.
• Translate Thai document to English
• Legalize the translation at the MFA.

We offer a full certified translation service in Bangkok. As a translation company in Bangkok speak to us. Likewise as the law is implemented you will also be able to apply for a marriage visa in Thailand. You must also see the Thailand marriage visa requirements.

Why Consider a Prenup?

A prenuptial agreement (or “prenup”) is a legal contract. This is signed before marriage by the two parties. This prenup outlines how assets and debts will be handled once the marriage ends in divorce or death. It’s especially important for:

• This is important for couples with significant assets, investments or inheritances
• There may be two legal systems when it comes to international couples from different legal systems
• Likewise business owners should consider this or individuals with family wealth
• Lastly there are LGBTQ+ couples concerned about rights in their home country

Note that Thailand recognizes prenups when they follow Thai law.

We can look at Section 1465 of the Thai Civil and Commercial Code, a prenuptial agreement is valid only if:

• The prenup has been signed by both parties before the marriage.
• That the prenup was registered at the same time as the marriage at the District Office.
• The prenup complies with Thai law and does not violate public morals.

Should this not be done correctly then the prenup is void—and Thai community property laws apply.

Community Property Law in Thailand

If the prenup is not valid then community of property takes over. Note that all assets acquired during the marriage. These assets are considered community property (Sin Somros). Once there is a divorce thhen these assets are divided equally. Note however that any assets acquired before marriage (Sin Suan Tua) remain individual property, but disputes can arise.

A prenuptial agreement allows couples to:

• They can define which property remains separate after divorce
• Allows you to protect your foreign assets
• There may be specify asset division rules
• Helps to prevent future legal conflicts

Drafting a Valid Prenuptial Agreement in Thailand

There are key components of a Thai Prenuptial agreement in Thailand. Now a valid Thai prenuptial agreement will need the following in it.

• You will need to have a full disclosure of assets by both parties
• You will also need to clear definition of individual vs joint property
• Likewise you will need debt liability arrangements
• Likewise there should be rules for division of jointly acquired property
• Lastly they should also have specific clauses for international assets or properties

Important: Much like other countries, Thai law does not allow provisions about child custody or alimony in a prenuptial agreement.

Yes you can draft your own prenuptial agreement however it is not advised. You are best suited to finding a law firm in Thailand such as ourselves. Our Thai lawyer will complete this for you and she speaks speaks great English and an understanding of global family law.

• Ensure that the prenup is compliant with Thai civil law
• Likewise will ensure that it doesn’t conflict with moral/public policy
• Lastly ensure that the prenuptial is enforceable in court

The costs will vary as there may be a number of costs involved where you want to to comply with local and you home countries law.

Translating and Registering the Prenup

Steps:

1. Firstly you will need to draft and review the prenup in Thai and English.
2. Secondly both parties must sign the agreement before marriage.
3. Thirdly, you must also submit the prenup along with your marriage application at the Amphur.
4. Lastly the District Officer will attach the prenup to your marriage record.

Both copies (English and Thai) are retained as you official records at the amphur office.

What Happens If You Divorce?

With the change in the law, Thailand allows the divorce to proceed under the same rules as heterosexual divorce once the law passes.

Divorce options:

· Mutual Consent Divorce: If both parties agree the the divorce and there are no disputes.
· Contested Divorce: If there are disputes over assets or conduct then it will need to be litigated.

A valid prenup will be enforced by Thai courts and can significantly reduce the complexity and cost of divorce proceedings.

International Legal Considerations

So for those international couples. The prenuptial agreement with a Thai marriage may y not automatically be recognized in your home country.

8.1 Marriage Recognition Abroad

· U.S., U.K., Canada, Australia: Likely to recognize your Thai same-sex marriage.
· Countries where gay marriage is illegal: May not recognize your union or associated legal protections.

8.2 Prenup Validity Abroad

Each country has different laws about prenuptial agreements. A prenup made in Thailand may not be enforceable in the foreign spouse’s home country unless:

· It is written in accordance with that country’s law
· It is later validated by a court there

If there is a dispute then you will need to seek assistance in your home country.