Prenuptial Agreement

   The spouses may enter into a contract of special property before marriage, but the prenuptial agreement must not be contrary to public order or good morals. Or do not specify the law of other countries. Otherwise, it will be void.

 

Examples of mandatory contracts

» The rent of the land of the wife before marriage. To be the wife's only.

» House and land, which is private property. The Sin Somros.

» Salary of husband To be the husband's only.

 

The contract is not enforceable. This is contrary to the public order or morals of the people.

» Agreed that husbands will not share the salary to take care of children born of old wives. Or husband's mother

 

Type of contract before marriage

1 Make a note of the agreement in the marriage certificate together with the marriage.

2 Make a written copy of the spouse's signature and at least two witnesses and attach it to the end of the marriage certificate. It must be noted in the marriage certificate that the contract is attached.

 

Amendment : by court order only The spouse must consent to both parties under Section 1467.

 

Sample of court judgments interesting.

Judgment of the Supreme Court 6711/2537.

   The plaintiff's defendant agreed on the property between husband and wife. The defendant promised that the land and the private property of the defendant to the Sin Somros. This is the case where the spouse has written the prenuptial agreement in the marriage certificate together with the registration. According to the Civil and Commercial Code, Section 1466 when there is no message contrary to public order or good morals. It will come into force under the Civil and Commercial Code, Section 1465, paragraph two.

 

The Thailand Civil and Commercial Code Relevance

CHAPTER IV

PROPERTY OF HUSBAND AND WIFE

Section 1465. Where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chapter.

   Any clause in the anti-nuptial (also called prenuptial) agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void.

Section 1466. The ante-nuptial agreement is void if not entered in the Marriage Register at the time of marriage registration terms of the ante-nuptial; or if not made in writing and signed by both spouses and by at least two witnesses and entered in the Marriage Register at the time of marriage registration stating that the ante-nuptial is thereto annexed.

Section 1467. After marriage the ante-nuptial agreement cannot be altered except by authorization of the Court.

   When there is final order of the Court to effect the alteration of cancellation of the ante-nuptial agreement, the Court shall notify the Marriage Registrar of the matter in order to have it entered in the Marriage Register.

Section 1468. Clauses in the ante-prenuptial agreement shall have no effect as regards the rights of third persons acting in good faith irrespective of whether they be altered or cancelled by the order of the Court.

Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

 

Additional Advice from Lawyers

1 for convenience The district office or district office. The contract is signed with the marriage.

2 End of contract Must specify Another contract is given to the Registry.

3 Contract before marriage, personal property is a Sin Somros. Not against the peace and good morals of the people are mandatory. 6711/2537.