Section 1469: Avoiding an agreement made between spouses
Statutory text (Thai original)
สัญญาที่เกี่ยวกับทรัพย์สินใดที่คู่สมรสได้ทำไว้ต่อกันในระหว่างเป็นคู่สมรสกันนั้น ฝ่ายใดฝ่ายหนึ่งจะบอกล้างเสียในเวลาใดที่เป็นคู่สมรสกันอยู่หรือภายในกำหนดหนึ่งปีนับแต่วันที่ขาดจากการเป็นคู่สมรสกันก็ได้ แต่ไม่กระทบกระเทือนถึงสิทธิของบุคคลภายนอกผู้ทำการโดยสุจริต
Verbatim from the Royal Gazette / Office of the Council of State
English translation
An agreement concerning property made between spouses during the time they are spouses may be avoided by either of them at any time while they are spouses, or within one year from the day they ceased to be spouses; but this does not affect the rights of third persons acting in good faith.
ThaiLawOnline translation, written from the Thai original and verified
Firm annotation
Section 1469 is unforgiving: of the four formal requirements, missing any one makes the agreement void. Two pitfalls dominate practice: (a) the agreement must be signed and attached at the same moment the marriage is registered, couples who later realise they wanted a prenup cannot retroactively add one (a post-nuptial property agreement under §1465 is a different instrument and cannot achieve the same regime); (b) two witnesses must sign in the register's presence. Same-sex spouses can now enter a §1469 prenup following the 2024 Marriage Equality Act.
Why this matters in practice
For lawyers: ensure the prenuptial agreement is presented to the registrar on the day of registration — no later. Agreements signed days or weeks before, but not annexed at registration, are void. For clients: your prenup must be attached to the marriage register on the same day you marry; a separate notarised document kept in a drawer has no legal effect.
Legislative history
Section 1469 has governed the formal validity of prenuptial agreements since Book 5 was revised in B.E. 2519. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, extended these requirements equally to all couples. A separate right to revoke inter-spousal property agreements made during marriage (formerly also numbered §1469) was re-numbered when the Code was restated.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 818/2546 (2003)
Property agreements between spouses made during marriage may be revoked at will; contractual prohibitions on revocation are void as against statutory policy.
A transfer of land by one spouse to the other during marriage is a property agreement between spouses and may be revoked by either party at any time during the marriage or within one year of dissolution, notwithstanding any agreed-upon prohibition on revocation.
-
Supreme Court Judgment No. 8739/2551 (2008)
A contractual bar on the statutory right to revoke an inter-spousal property agreement is void; the rest of the agreement survives.
An inter-spousal property agreement containing a 20-year prohibition on revocation is void insofar as it conflicts with the statutory right to revoke; the agreement itself remains otherwise enforceable.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 39 Supreme Court decisions (1945 to 2025)
Selected citing decisions
- Decision 5054/2568 (2025)
- Decision 186/2565 (2022) Land Given by One Spouse to the Other Without 'Sin Somros' Designation Becomes the Recipient's Separate Property
- Decision 3857/2562 (2019)
- Decision 2236/2562 (2019) Cooperative Shares Bought via Salary Deduction During Marriage are Sin Somros
- Decision 4345/2559 (2016)
- Decision 3376/2559 (2016)
- Decision 15028/2557 (2014)
- Decision 16037/2555 (2012)
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
Can we sign a prenuptial agreement after the wedding?
No. A prenuptial agreement must be made before marriage and annexed to the marriage register at the time of registration under §1469. Any property agreement signed after the wedding is an inter-spousal property contract, not a prenuptial agreement, and either party may revoke it at will during the marriage or within one year of dissolution.
What can a prenuptial agreement in Thailand cover?
A Thai prenuptial agreement may specify how property will be classified (e.g. declaring that certain assets remain separate property rather than marital), how property will be divided on divorce, and management rights over specific assets. It may not contain clauses contrary to public order or good morals, may not govern the personal relationship between spouses, and may not apply foreign law to Thai-sited property. Any such clause is void under §1465.
Related guides on ThaiLawOnline
Cite this section
-
Plain citation
Civil and Commercial Code, s. 1469 (Thailand) -
Academic citation
Civil and Commercial Code (Thailand), s. 1469. ThaiLawOnline, https://www.thailawonline.com/thai-civil-code/section-1469/ (accessed 8 August 2026). -
Thai citation
ป.พ.พ. มาตรา 1469 -
Permalink
https://www.thailawonline.com/thai-civil-code/section-1469/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-civil-code/section-1469/"><p>An agreement concerning property made between spouses during the time they are spouses may be avoided by either of them at any time while they are spouses, or within one year from the day they ceased to be spouses; but this does not affect the…</p><footer>Civil and Commercial Code, s. 1469 (Thailand) — <a href="https://www.thailawonline.com/thai-civil-code/section-1469/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.