Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
A contrat postnuptial (สัญญาระหว่างสมรส, sanya rawang somrot, also written post-nuptial agreement ou postnup) is any agreement about property made between husband and wife after the marriage has been registered. Thai law treats it very differently from a prenuptial agreement. Under Section 1469 of the Code civil et commercial either spouse may cancel an agreement made during the marriage at any time while they remain married, or within one year after the marriage ends, without giving a reason and without going to court. The agreement is not void, but it binds only as long as both spouses let it.
Table des matières
What Section 1469 says and why it exists
The rule. Section 1469 provides that any agreement between husband and wife concluded during marriage may be avoided by either of them at any time during the marriage or within one year from the day it ends, provided the rights of third persons acting in bonne foi are not affected. The section reflects an old concern that one spouse could pressure the other into signing away property; the answer chosen was free revocability.
What is caught. The words cover far more than a document headed postnuptial agreement. A land transfer into a spouse’s name, a registered cadeau with a usufruct reserved, a written memorandum dividing assets, and even a course of conduct showing an implied bargain have all been treated as agreements between spouses. A clause promising never to cancel is itself void under Section 150. Two things escape: a Contrat prénuptial registered with the marriage under Sections 1465 to 1467, which can be altered only by court order, and a property settlement made as part of a divorce, which is indivisible from the divorce itself.
Practical points for foreigners married to Thais
The typical situation is a foreigner who, after the wedding, funds land or a house registered in the Thai spouse’s name and takes a signed agreement acknowledging the money or promising a share. That is a Section 1469 agreement, and the spouse can cancel it the day the marriage sours. The same applies to a promise to return money on divorce, or an agreement that certain assets are the foreigner’s péché suan tua. Notarising or translating it changes nothing.
What holds is what is registered as a real right or done before the marriage. A usufruct or superficie registered at the Land Office in the foreigner’s favour is a right in the land, not a mere agreement, and survives cancellation. A prenuptial agreement registered on the wedding day fixes the property regime for good. Heirs cannot cancel after a spouse’s death; they can only continue a cancellation already declared.
What a postnuptial agreement is still good for
Revocable is not worthless. A written agreement during marriage is evidence, and evidence matters because Section 1474 presumes that property of doubtful origin is sans sommeil. An agreement recording that a condominium was bought with funds brought from abroad before the marriage, listing each spouse’s separate assets at a given date, or documenting a gift between spouses, helps a court classify property at divorce even if the agreement itself has been cancelled.
| Instrument | Sections | Cancellable by one spouse? | Registered? |
|---|---|---|---|
| Contrat prénuptial | 1465 to 1467 | No, court order needed | Yes, with the marriage |
| Postnuptial agreement | 1469 | Yes, at will, up to one year after the marriage ends | Non |
| Divorce settlement | 1514 to 1515 | No, part of the divorce | Yes, with the divorce |
Foire aux questions
Is a postnuptial agreement valid in Thailand?
It is valid but fragile. Section 1469 lets either spouse cancel any agreement made during the marriage at any time while married or within one year after the marriage ends, with no reason and no court. It remains useful as evidence of how assets were acquired, but it cannot be relied on to keep property out of the marital pool.
Can we sign a prenuptial agreement after getting married in Thailand?
No. A prenuptial agreement must be registered with the marriage under Section 1466; an agreement signed afterwards is a postnuptial agreement governed by Section 1469 and can be cancelled by either spouse. Couples already married who want lasting protection use registered rights such as a usufruct, or a property settlement at divorce.
Can my Thai wife cancel the agreement giving me a share of the house?
Yes, if it was made after the marriage. Under Section 1469 she may avoid it at any time during the marriage or within one year of divorce, although rights already acquired by third parties in good faith survive. A usufruct or superficies registered at the Land Office in your name is a real right and is not affected.
Voir aussi : Contrat prénuptial, marital property (sin somros), biens personnels (sin suan tua), Usufruit, and the full guides to contrats prénuptiaux en Thaïlande ET Section 1469 agreements between spouses.
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