What Section 1469 Covers
Scope:
- Any agreement made after marriage: written, verbal, or implied.
- Includes transfers and gifts between spouses.
- Applies regardless of who funded the asset.
Voidability window:
- At any time during the marriage, or
- Within one year after dissolution (divorce or death).
How Section 1469 Affects Foreign–Thai Marriages
- Post-marriage arrangements are inherently unstable in Thailand: either spouse can later void them.
- A properly executed prenuptial agreement (registered with the district office/Amphur at marriage) provides more reliable protection.
- Keep records of personal property (sin suan tua) and marital property (sin somros), funding sources, and transfers.
Examples
| Situation | How Section 1469 Works |
|---|---|
| Spouse transfers cash to the other as a gift for a house purchase. | The gifting spouse can void the arrangement during marriage or within one year after divorce; the court may require reimbursement to prevent unjust enrichment. |
| One spouse signs a private agreement giving the other all business profits. | Either spouse may later avoid the agreement, provided third-party rights (e.g., lenders, partners) are not harmed. |
| Decision 1523-2565 (2022): Foreign-funded land registered in Thai spouse’s name | The Supreme Court ruled that registration in the Thai spouse’s name does not override the Civil Code. The property, bought with the foreign husband’s funds, was classified as sin somros, entitling him to reimbursement or a marital share. This shows that administrative work-arounds cannot bypass Thai family law (Sections 1465–1493 of the Civil and Commercial Code). |
Section 1469 Explained
- Section 1469 targets agreements between spouses made after marriage (including gifts).
- Either spouse may void such agreements during marriage or within one year after dissolution.
- Protection of good-faith third parties limits avoidance.
- For long-term certainty, use a registered prenuptial made before marriage.