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.
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.
