Section 1465 — Marital property regime — default
Statutory text (Thai original)
ถ้าคู่สมรสมิได้ทำสัญญากันไว้ในเรื่องทรัพย์สินเป็นพิเศษก่อนสมรส ความสัมพันธ์ระหว่างคู่สมรสในเรื่องทรัพย์สินนั้น ให้บังคับตามบทบัญญัติในหมวดนี้[154] ถ้าข้อความใดในสัญญาก่อนสมรสขัดต่อความสงบเรียบร้อยหรือศีลธรรมอันดีของประชาชน หรือระบุให้ใช้กฎหมายประเทศอื่นบังคับเรื่องทรัพย์สินนั้น ข้อความนั้น ๆ เป็นโมฆะ
Verbatim from the Royal Gazette / Office of the Council of State
English translation
Where the husband and wife have not, previous to their marriage, concluded a special agreement (/view_document/7-prenuptial-agreement-for-thailand.html) concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chapter. Any clause in the anti-nuptial (also called prenuptial) agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
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.
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.