2159-2562

Glossaries

Term	Definition
2159-2562	This ruling reaffirms the Thai Supreme Court’s stance that spousal maintenance rights cannot be waived, even by mutual agreement in a prenuptial contract. Referencing its earlier decision in 1885/2541, the Court struck down another attempt to contract around the legal obligation of post-divorce support, emphasizing that sections 1465 and 1535 of the Civil Code represent public-order protections. Decision 2159/2562 (2019): Maintenance Waiver Re-affirmed Building on Decision 1885/2541, the Court again struck a prenuptial clause that tried to eliminate spousal maintenance. The justices stressed that “public-order rights embedded in sections 1465, 1535 civil code cannot be contracted away.” Why it matters Confirms maintenance is treated like child support, mandatory. Signals that even balanced overall settlements cannot waive support outright. Used by lower courts to invalidate “symbolic-support” clauses. Compliant Prenup Download →

Term

Definition

This ruling reaffirms the Thai Supreme Court’s stance that spousal maintenance rights cannot be waived, even by mutual agreement in a prenuptial contract. Referencing its earlier decision in 1885/2541, the Court struck down another attempt to contract around the legal obligation of post-divorce support, emphasizing that sections 1465 and 1535 of the Civil Code represent public-order protections.

Decision 2159/2562 (2019): Maintenance Waiver Re-affirmed

Building on Decision 1885/2541, the Court again struck a prenuptial clause that tried to eliminate spousal maintenance. The justices stressed that “public-order rights embedded in sections 1465, 1535 civil code cannot be contracted away.”

Why it matters

Confirms maintenance is treated like child support, mandatory.
Signals that even balanced overall settlements cannot waive support outright.
Used by lower courts to invalidate “symbolic-support” clauses.

Compliant Prenup Download →