Define Thai Post Nuptial Agreement

A post nuptial or postnuptial 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 postnuptial 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.

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Thailand Civil Code translation:

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 prenuptial contract 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 prenuptial contract is void if not entered in the Marriage Register at the time of marriage registration terms of the prenuptial contract; 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 prenuptial contract is thereto annexed.

Section 1467. After marriage the prenuptial contract 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 prenuptial contract agreement shall have no effect as regards the rights of third persons acting in good faith irrespective of whether they be altered or canceled 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. 

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