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Prenuptial Agreement Void If Not Registered With Marriage
Spouse v Spouse
Composite summary — not a single reported case. This entry distils a settled line of Thai Supreme Court (Dika / ฎีกา) authority for legal education. It is not a transcript of one reported judgment, and the heading is not a citable case number. Do not cite it as specific case law — consult a Thai-qualified lawyer for the authoritative Dika number and current application.
Facts
Spouses signed prenup before marriage but registered it weeks after the marriage ceremony; dispute arose over its enforceability on divorce.
Legal Issue
Whether a prenup signed before but registered after the marriage takes legal effect.
Holding
Supreme Court line confirms that under CCC §1466, prenup registration must be contemporaneous with marriage registration; later registration is ineffective against the marital-property regime.
Reasoning
CCC §1466 strict formality; the marital-property default applies absent timely registered prenup.
Significance
Strict-formality reading; small mistakes can negate the agreement.
Practical Takeaway
Register the prenup at the District Office at the same moment as the marriage — same day, same registry.
Cited Statutes
- Civil and Commercial Code §1466, §1469
This entry summarises a representative line of authority from the Thai Supreme Court (ฎีกา). It is intended for general legal education only and is not a substitute for advice from a Thai-qualified lawyer. Individual Dika case numbers are being verified against primary sources; until then these entries are presented as composite doctrinal summaries.
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