PRENUPTIAL AGREEMENTS IN THAILAND

Prenuptial agreements are generally enforced in Thailand. Section 1465 of the Thai Civil and Commercial Code provides that if the parties have concluded a prenuptial agreement, the provisions of Chapter IV of the Code will govern their respective property rights. It also provides that any provision of any such agreement is void if it is contrary to “public order or good morals” or if the assets are to be governed by foreign law. Section 1466 provides that a prenuptial agreement is void if not made in writing and signed by both spouses and by at least two witnesses and entered in or annexed to the Marriage Register at the time of marriage registration. Once entered into, a prenuptial agreement cannot be modified without court approval.




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