After Thai Marriage Contracts
A post nuptial or post nuptial agreement as opposed to prenuptial agreement in Thailand is a marriage contract between spouses concerning their financial relation and their personal and/ or marital property done after marriage. A post nuptial contract is created after the official marriage registration as it refers to an agreement after marriage.
The post-nuptial concept between husband and wife is in principle NOT recognized or legally binding under Thai law. However, a prenuptial agreement or Thai prenup marriage contract made before the marriage can be altered under the section property between husband and wife in the Thailand Civil and Commercial Code during the marriage.
After the marriage a prenuptial can only be altered or canceled by a final order of a Thai Court. The Court shall in this case notify the Marriage Registrar in order to have it entered in the Marriage Register.
Agreements between husband and wife executed after a couple have entered a marriage in Thailand (postnuptial)
Section 1469. Any agreement concluded between husband and wife during marriage may be voided 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.
In a Thai marriage, when no prenuptial has been made, all matters relating to personal assets, marital assets, and management of marital assets is governed by the sections '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 (property of husband and wife).
See also
- Property of husband and wife (opinion)
- family law (law translation)
- common law marriage
- freedom of contract in a Thai prenuptial
