17 January 2011
The Prenuptial Aggreement Code of Thailand
(The Civil and Commercial Code of Thailand, Book5)
Chapter IV: Property of Husband and Wife
Section 1465: Where the husband and wife have not, prior to their marriage, concluded a special contract concerning their assets, the relations between them as regards their assets shall be governed by provisions of this Chapter.
Any clause in the prenuptial agreement contrary to public order or good morals, or stating that the relations between them as regards such assets are to be governed by foreign law shall be void.
Section 1466: The prenuptial agreement is void if not entered into the Marriage Register at the time of registering the marriage terms of the prenuptial; or if not performed in writing and signed by both spouses and a minimum of two witnesses and entered in the Marriage Register at time of marriage registration affirming that the prenuptial is thereto annexed.
Section 1467: After marriage, the prenuptial contract cannot be changed except by authorization of the Court.
When there is a final order of the Court to effect the alteration of cancellation of the prenuptial agreement, the Court should inform the Marriage Registrar of the matter in order to have it entered into the Marriage Register.
Section 1468: Clauses in the prenuptial agreement will have no effect as regards the rights of third persons acting in good conscience and faith, without regard to whether they be altered or cancelled by the order of the Court.
Section 1469: Any contract concluded between husband and wife during marriage may be avoided by either of them at any point during the marriage or within one year from the day of dissolution of marriage: considering that the rights of third persons acting in good faith are not affected thereby.
Section 1470: Assets of husband and wife except in so far as they are set aside as Sin Suan Tua, are Sin Somros.
Section 1471: Sin Suan Tua comprises:
- Assets or property belonging to either spouse prior to marriage;
- Assets or property for personal use, dress or ornament appropriate for station in life, or tools necessary for performing the profession of either spouse;
- Assets or property acquired by either spouse during marriage through a will or gift;
Section 1472: Regarding Sin Suan Tua, if it has been exchanged to other assets, or other property has been purchased or money has been acquired from selling it, such other assets or the money acquired shall be Sin Suan Tua.
Section 1473: Each spouse is to manage his or her Sin Suan Tua.
Section 1474: Sin Somros consists of
- Assets acquired during marriage;
- Assets acquired by either spouse during marriage through a will or gift made in writing if it is stated by such will or document of gift to be Sin Somros. ;
- Fruits of Sin Suan Tua.
In cases of doubt in regards to determining if a property is Sin Somros or not, it shall be presumed to be Sin Somros.
Section 1475: Where any Sin Somros is assets of the type mentioned in Section 456 of this Code or has documentary title, either husband or wife can apply to have his or her name entered in the document as co-owners.
Section 1476: In managing the Sin Somros in the following cases, the wife and husband have to be joint manager, or one spouse has to receive consent from the other:
- Selling, exchanging, sale with right to redemption, letting out assets on hire-purchase, mortgaging, releasing mortgage to mortgagor or moving the right of mortgage on immovable property or on mortgage able movable property.
- Developing or distinguishing the part or whole of the servitude, right of inhabitation, right of superficies, usufruct or charge on immovable assets.
- Letting immovable assets for more than three years.
- Lending money.
- Contributing a gift unless it is a gift for charitable, social and moral purposes and is suitable to the family condition.
- Making a compromise
- Submitting a dispute to arbitration
- Offering up the property or asset as guarantee or security with a competent official or the Court.
The management of Sin Somros in a case other than cases listed in paragraph one can be made by one spouse without having to obtain consent from the other.
Section 1476/1: The husband and wife can manage the Sin Somros, in different manners, in whole or part, from provisions of Section 1476, given that the prenuptial agreement under Section 1465 and Section 1466 has been made. In such case, the management of the Sin Somros shall be made in accordance with the prenuptial agreement.
In situations where the specifications of the management of the Sin Somros in the prenuptial agreement are only a part in difference to the clause of Section 1476, the management of the Sin Somros other than those specified in the prenuptial agreement shall be made in accordance with Section 1476.
Section 1477: Either spouse is entitled to litigate, defend, take legal proceedings regarding maintenance of the Sin Somros or for benefit of the Sin Somros. Debts incurred by the said litigation, defense and legal proceedings shall be regarded as the obligation to be performed together or at the same time by both spouses.
Section 1478: Where one spouse has to provide consent or to affix a signature together with the other in the management of property, but unreasonably refuses to give such consent or to affix such signature, or is not in a position to provide such consent, the latter may apply to the Court for an order granting the needed permission.
Section 1479: Where an action by either spouse necessitates the consent of the other spouse, and if such act is required by law to be made in writing or registered by the competent official, such consent must be provided in writing.
Section 1480: In the management of Sin Somros that has to be made jointly or has to receive permission from the other spouse under Section 1476, if either spouse has entered into any juristic act alone or without permission of the other, the latter may apply to the Court for revoking such juristic act, unless it has been ratified by the other spouse, or the third person was at the time of entering into such juristic act, acting in good faith and made a counter-payment.
Section 1481: Neither spouse is entitled to disregard the Sin Somros by will in favour of other persons to an extent exceeding his or her own portion thereof.
Section 1482: In case either spouse is the sole manager of the Sin Somros, regardless, the other spouse is still entitled to manage household affairs or provide for the necessaries of the family, and the resulting expenses therefore would bind the Sin Somros and Sin Suan Tua of both parties.
If such management of household affairs or providing for the necessaries of the family by husband or wife results in undue loss, the other spouse can apply to the Court to limit or forbid his or her power.
Section 1483: In a situation such as if either spouse is the sole manager of the Sin Somros, if the manager is going to commit or is committing any act in the management of the Sin Somros which would appear to result in undue loss, the other spouse can apply to the Court for an order forbidding commission of such act.