1885-2541

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Term Definition
1885-2541
Thai Supreme Court ruled that a prenuptial clause waiving post-divorce spousal maintenance is void, as maintenance is a protected right under Thai law section1465 civil code (click to read more...).

Decision 1885/2541 (1998): Maintenance Waiver Void

The Supreme Court held that a prenuptial clause eliminating post-divorce spousal maintenance conflicts with public order because maintenance is a statutory right under section 1465 of the Civil and Commercial Code (CCC). The provision was severed and the wife was awarded standard support.

Key points

  • Maintenance rights are non-derogable; consent cannot defeat them.
  • Courts will strike any clause that “permanently deprives” a spouse of support.
  • Cited in later cases, notably Decision 2159/2562 (2019).

See "maintenance sections in the Civl and Commercial Code →