Section 1465: Default marital property regime
Statutory text (Thai original)
ถ้าคู่สมรสมิได้ทำสัญญากันไว้ในเรื่องทรัพย์สินเป็นพิเศษก่อนสมรส ความสัมพันธ์ระหว่างคู่สมรสในเรื่องทรัพย์สินนั้น ให้บังคับตามบทบัญญัติในหมวดนี้
ถ้าข้อความใดในสัญญาก่อนสมรสขัดต่อความสงบเรียบร้อยหรือศีลธรรมอันดีของประชาชน หรือระบุให้ใช้กฎหมายประเทศอื่นบังคับเรื่องทรัพย์สินนั้น ข้อความนั้น ๆ เป็นโมฆะ
Verbatim from the Royal Gazette / Office of the Council of State
English translation
Where spouses have not, before the marriage, concluded a special agreement concerning property, the relations between them as regards their property are governed by the provisions of this Chapter.
Any clause in a prenuptial agreement that is contrary to public order or to the good morals of the people, or that provides that the relations between them as regards that property are to be governed by the law of another country, is void.
ThaiLawOnline translation, written from the Thai original and verified
Firm annotation
Section 1465 is the on-ramp to the default Thai marital-property regime: a hybrid where each spouse keeps their pre-marriage assets as Sin Suan Tua (§1471) while everything acquired during marriage becomes Sin Somros (§1474, marital property) split equally on divorce. Foreign clients who don't want this, typically when they bring substantial pre-marriage wealth, must execute a prenup under §1466/§1469 BEFORE marriage registration. SC decisions confirm post-marriage "property settlement" agreements cannot replace §1465's default regime; they only allocate Sin Somros once it exists.
Why this matters in practice
For lawyers: where an international couple inserts a clause in their prenup adopting foreign law to govern Thai-sited property, that clause is void under §1465 — Thai law governs. For clients: if you have not signed a prenuptial agreement, everything you earn or acquire together after marriage is presumptively marital property split 50/50 on divorce.
Legislative history
Section 1465 has applied since Book 5 was revised in B.E. 2519. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, extended the same statutory property regime to all married couples regardless of gender.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6711/2537 (1994)
A prenuptial agreement converting separate property into marital property, noted in the marriage register, is valid and enforceable under §§1465–1466.
Spouses agreed in writing at the time of marriage registration that the husband's pre-marital separate property (a house and land) would become marital property (Sin Somros); the court held this was a valid prenuptial agreement noted in the marriage register under §1466 and enforceable under §1465(2).
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Supreme Court Judgment No. 4214/2534 (1991)
In the absence of a prenuptial agreement, spouses may not litigate property disputes between themselves during the marriage except under statutory exceptions.
Where no prenuptial agreement existed, the marital property regime of Book 5 applied and the spouses could not sue each other over marital property during the marriage except as permitted by statute.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 9 Supreme Court decisions (1955 to 1994)
Selected citing decisions
- Decision 6711/2537 (1994) Prenuptial Agreement and Immovable Property
- Decision 5245/2531 (1988)
- Decision 154/2524 (1981)
- Decision 2039/2522 (1979)
- Decision 676/2511 (1968)
- Decision 985/2507 (1964)
- Decision 1/2502 (1959)
- Decision 480/2498 (1955)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
What happens to property if we did not sign a prenuptial agreement?
Without a prenuptial agreement, the statutory Sin Somros regime automatically applies. Property you bring into the marriage and inheritance or gifts received during marriage remain your separate property (Sin Suan Tua). Everything else acquired during the marriage — salaries, business profits, jointly purchased assets — is Sin Somros and is divided equally on divorce.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Civil and Commercial Code, s. 1465 (Thailand) -
Academic citation
Civil and Commercial Code (Thailand), s. 1465. ThaiLawOnline, https://www.thailawonline.com/thai-civil-code/section-1465/ (accessed 8 August 2026). -
Thai citation
ป.พ.พ. มาตรา 1465 -
Permalink
https://www.thailawonline.com/thai-civil-code/section-1465/ -
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<blockquote cite="https://www.thailawonline.com/thai-civil-code/section-1465/"><p>Where spouses have not, before the marriage, concluded a special agreement concerning property, the relations between them as regards their property are governed by the provisions of this Chapter. Any clause in a prenuptial agreement that is contrary to public order or to the good…</p><footer>Civil and Commercial Code, s. 1465 (Thailand) — <a href="https://www.thailawonline.com/thai-civil-code/section-1465/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.