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FAMILY LAW & INHERITANCE

Last Will and Testament

It is strongly recommended to have a Last Will & Testament well drafted to ensure that your assets located in Thailand will be distributed among your heirs/ beneficiaries as per your last wishes. 

Smart Legal Solutions provides legal services for advice and drafting a Will in Thailand according with the local regulations to ensure that your Will can be executed in the future without any obstacle.

The Will shall specify in details your assets in Thailand, such as property, bank accounts, vehicle, and personal items. Typically upon the death of a foreigner in Thailand, the government officer will ask the family for a copy of a Will or they will seek the deceased person's lawyer for this document.

 

We recommend a separate Will for your assets in Thailand, because a  a Will drafted in your home country to cover assets in Thailand may be problematic as documentations will need to be translated, notarized and approved by a government body.

We may assist you to prepare your Last Will both in English and Thai language and resolve any doubt that you may have about succession in Thailand. 

Prenuptial Agreement​

Before register a marriage in Thailand it's advisable to protect your assets  through a Prenuptial Agreement. According with the Thai law, the Prenuptial Agreement must be done in writing, signed by both parties and registered in the marriage registers together with the registration of the marriage.

The Prenuptial Agreement typically lists all of the property each person owns. Everything that is owned before the marriage remains personal property during the marriage under Thai matrimonial laws. The first benefit of a prenuptial agreement in Thailand lies in simple proof in case of a possible divorce and could prevent disputes over property.

 

However, through a written prenuptial agreement both parties can specify in advance the list of assets which each party owns before marriage to prevent unnecessary arguments over ownership of certain items in case the marriage is later dissolved.

​Marriage Registration

Marriage registration is the act of formally recording the union into the Registry of the country. It is registration which marks the start of a legal marriage in Thailand.

 

In Thailand it is legal for foreigners to marry either Thai citizens or other foreign nationals. The process is generally fairly straightforward. 

Couples who wish to marry should have the following eligibility to get married in Thailand:

  • Either of them should not be less than 17 years of age or should be in marriageable age in accordance to the law enforced from your home country. The Court may, in case of having appropriate reason, allow them to marry before attaining such age.

  • Either of them should not be an insane person or adjudged incompetent.

  • Both of them should not be in blood relations in the direct ascendant or descendant line, or brother or sister of full or half blood i.e. should no be with in the prohibited degrees of relationship.

  • Both of them should not have the same adoptive parents.

  • Either of them should not have a spouse at the time of marriage. If woman whose husband died or whose marriage has become terminated, the marriage can only take place after expiry of 310 days from such death or termination of marriage.

​Divorce Registration

A Thai divorce means the dissolution of the marriage. If both parties agree on the terms of the divorce (mutual consent) the procedure at the local Amphur will be shorter, less expensive and less time consuming. 

 

Divorcing couples need to personally appear before the local register (amphur, amphoe or khet) for the procedure. Parties must agree on all types of potential issues such as division of properties, spousal maintenance, child custody etc.

A contested divorce, i.e. dissolution of the marriage by the judgment of the court in Thailand, will take considerably more time, money and requires several court appearances.