2551 Thailand Supreme
Court Opinion (No. 8739) 2008
Mrs. Busaba Boonloom Plaintiff vs.
Medical Doctor Paritthipan Boonloom and party Defendant
Re: Civil Void act Agreement during marriage Living allowance
(Section 150, 1469, 1526)
If there is a property agreement settled between husband and wife during the time of marriage that prohibits avoidance or cancellation of the agreement within twenty years period, such agreement shall deem as violating the law of Civil and Commercial Code section 1469. This provision has objective in protecting the rights of general spouse who have concluded any property agreement during the time of their marriage under affectionate influence or with any grounds that would lost their benefits, protecting unfair exploitation, mistreat and preventing family conflict. Any property agreement concluded during the marriage that prohibits avoidance and cancellation of agreement of agreement is deemed as contrary to the aforesaid law and is voided by the Civil and Commercial Code section 150. Therefore, the First Defendant shall have the rights to cancel the aforesaid agreement.
The Civil and Commercial Code section 1526 prescribes that under Thailand divorce law, if the ground for divorce has derive from the guilt of only one party, and the divorce will make the other become destitute deriving insufficient income out of his or her property or business which used to be carried on during the marriage, the latter is entitled to apply for the living allowances to be paid by the party at fault. The Court may decide whether the living allowances be granted or not by taking the ability of the grantor and the condition in life of the receiver into consideration. The Court has to consider the circumstance that the Plaintiff has no business after marriage since she resigned from the previous work to oversee at the clinic for the First Defendant who is the general practitioner of the clinic; as well as consider the income of the First Defendant and the cost of living in the present day.
Through the consideration of living allowance in section 1526, the Plaintiff has rights to claim the living allowances since the date that the Court pronounces the final judgment to effect the divorce.