Author: Phuket Attorneys

Getting a Divorce in Thailand

Posted by Phuket AttorneysLeave a comment on Getting a Divorce in Thailand

Divorce in Thailand is a complex process that can be long and expensive. The process can be made more manageable by using a lawyer who is familiar with the local family law in Thailand.

The first step in divorce in Thailand is to get a written legal order from the Court. The legal order is a document that sets out the terms of the divorce such as child custody and division of property. The Court will also award alimony and/or child support where appropriate.

Getting a Divorce in Thailand can be very stressful and expensive, especially if there are children involved. This is why it is important to speak to our Thai family lawyers at MAGNA CARTA Law Firm before you decide to sign any agreements regarding divorce in Thailand.

There are two types of divorce in Thailand: contested and uncontested. The contested type of divorce requires the couple to appear in Court where a judge will decide on all aspects of the case.

If the couple are in agreement then they may be able to file for an uncontested divorce. This is a much quicker and cheaper way to obtain a divorce.

The other option is to file a contested divorce which involves more expense and can be complicated as there are often many grounds for filing for a divorce. This is the preferred method of filing for a divorce in Thailand as it provides more control over the terms of the divorce.

A Contested divorce is an action that requires the filing of a legal claim in the Family and Juvenile Courts. This can be done in a number of ways, including by either spouse requesting the case to be heard in Court or by both spouses agreeing to the divorce and obtaining the Court’s permission to proceed with the legal claim.

Grounds for a Contested Divorce in Thailand include: i) 3 years separation or longer ii) One spouse has deserted willfully the other spouse for more than one year iii) Adultery iv) One of the parties is committing serious insult to the other’s character or that of their family by any act, conduct or statement which degrades or destroys the other person’s reputation, dignity or standing in the community.

iv) One party has been convicted of a criminal offence that is incompatible with the maintenance or other rights of the other party, and he or she has not been pardoned by the Thai authorities as required under Thai law (Sin Suan Tua). This ground can be used when the person who has committed the offence resides abroad.

It can also be used when one of the spouses has died or was injured in a way that prevents him or her from maintaining the maintenance obligation.

In such cases, the deceased spouse can be made a debtor and a judgment creditor in order to make up for any financial shortfall that may result from the divorce.

In addition, some countries are very strict in recognizing Thai divorces. It is therefore very important to consult with a lawyer about the implications of getting a divorce in Thailand and the consequences for international clients.

How to Get Married in Thailand

Posted by Phuket AttorneysLeave a comment on How to Get Married in Thailand

If you’re planning to get married in Thailand, there are a few things you should know. First, it’s important to understand the Thai culture and traditions before you head over there. This will ensure that you don’t have any issues during the wedding process.

You will also want to take note of the laws regarding marriage in Thailand, including the requirements you need to meet. These can be found in the Civil and Commercial Code, which is the main body of law that governs family and marriage in Thailand.

Generally, you’ll need to be over 17 years old to marry in Thailand or have permission from your parents. If you’re under this age, you should also have permission from a court to marry in Thailand.

Both parties must be in full legal capacity to marry (meaning they don’t have any criminal or immoral convictions). If you are not, your marriage will be considered illegal in Thailand.

In order to get married in Thailand, you will need to register your marriage with the registrar. Whether you’re a foreigner or a Thai citizen, this is the first step to getting married in Thailand.

The next step is to submit all the required documents and translations to the Ministry of Foreign Affairs in Bangkok for authentication. Normally, you’ll need to pay an additional fee for this service.

Once this is completed, you’ll need to head to a local district office, also known as an “amphur” or “khet,” to complete the marriage registration. Once you’ve done this, you can then start planning your dream wedding and celebrating with your loved ones!

If you are a foreigner, your marriage will require more paperwork and steps than if you are a Thai citizen. This is because you will need to provide your passport and the immigration card that you used to enter Thailand.

All of these documents must be translated into Thai and sworn by a foreigner who is approved by the Ministry of Foreign Affairs. Once this is done, you can then submit them to the Department of Consular Affairs in Bangkok for legalization.

When you submit these documents, you will also need to have your name and marriage date changed on your passport. This will allow you to travel in and out of Thailand more freely.

You can then register your marriage at any district office, but it’s best to do this at the nearest one to you. This will save you a lot of time and stress.

Once you’ve registered your marriage, the registrar will issue a marriage certificate that will be legally valid in Thailand and anywhere else you may go. You can then use this certificate for a variety of purposes, such as applying for a visa or opening a bank account.

Lastly, if you are a foreigner, your marriage can be officially recognized by your embassy in Thailand, as long as you have the correct documents. Depending on your country of citizenship, you might be able to get a marriage visa that lets you stay in Thailand for up to 30 days without having to return to your home country first.

Benefits of a Prenuptial Agreement in Thailand

Posted by Phuket AttorneysLeave a comment on Benefits of a Prenuptial Agreement in Thailand

A Prenuptial Agreement in Thailand is a contract made between two people before they are legally married that lists all the properties each person owns and indicates their property rights after marriage. The agreement may also outline how assets will be split in the event of divorce.

A prenuptial agreement is typically created by wealthy couples and those who plan to marry in the future, but it can be used by any couple who wants to protect their assets during a marriage. It can also be useful to protect the property of children from a previous marriage, and it can reduce legal expenses in the case of a divorce.

Benefits of a Prenuptial Agreement in Thailand

A Thailand prenuptial agreement can provide many benefits to a husband and wife who are planning for a future marriage. One of the main benefits is that it can ensure that all personal property owned before the marriage is held in the name of each partner. This is a particularly important consideration for people who have children from a prior marriage, and for those who own significant personal assets such as property or shares in businesses.

The other major advantage of a prenuptial agreement in Thailand is that it can prevent unnecessary arguments over ownership of personal property during a future divorce. This is especially important when a marriage ends in a divorce and there is no possibility of the parties being able to prove that they brought the items they claim to own into the marriage.

In the event of a divorce, the court will decide who owns what assets and will allocate them accordingly. However, this process can be time-consuming and expensive. A Thai prenuptial agreement can head off this problem, saving you money in the long run.

Unless you are married to a foreign national, the law of your country of origin will apply if there is a conflict between the Thai law and your national law during the marriage. Hence, it is best to seek independent legal advice before the wedding to ensure that all of your legal options are fully explored.

A valid prenuptial contract must be in writing, signed by both spouses in front of two witnesses and registered together with the marriage. This must be done before the marriage is registered and must be attached to the marriage certificate (the marriage register). A prenuptial which has not been properly registered and is not noted in the marriage register is void under Thai law.

It is recommended to make a list of your significant personal assets at the time of your marriage and keep written evidence of this, as well as the details of any debts you have. This will help you to make a more accurate balance of your assets at the time of your marriage and will be very useful in any divorce proceedings if you are married to a foreign national.

If you are married to a foreign national, it is best to seek independent legal advice for a prenuptial agreement before the wedding. The legal advice you obtain from an experienced family lawyer will ensure that the contract is drafted in line with your needs and that the agreement is valid under Thai law.

Doing Due Diligence in Thailand

Posted by Phuket AttorneysLeave a comment on Doing Due Diligence in Thailand

Doing due diligence in Thailand before investing in property can help you find the right place for investment. Some common mistakes are not done by investors, but can lead to disaster. Here are some tips to ensure your investment is a sound one. Make sure you check out the usufructs and servitudes that might exist on your property. A gas pipeline servitude across your property is definitely not a good sign. The pipeline may not have been registered and may have not been executed, but such a servitude is quite common in Thailand.

Land bordering dispute with neighborhood

Performing due diligence in Thailand is mandatory for foreign buyers of property. This involves a comprehensive search for legal encumbrances on the property. You can conduct a physical inspection of the property. If necessary, you can ask the seller for documents pertaining to the legal status of the property. Additionally, you can inquire about sewage systems, telephone systems, and other infrastructure of the property. By following the procedures laid out by the government, you can be assured that you are getting value for your money.

Performing Thai due diligence before investing to property is crucial. This means checking whether the property is permitted to be built and whether any litigation cases have been filed against the owner. If the property developer is not registered, you may need to hire a legal expert for assistance. A lawyer will help you resolve common issues and prevent major ones. This way, you can ensure the security of your investment. Also,  Thai due diligence helps you avoid pitfalls that could make you regret the investment you made.

Company due diligence

When you are planning to invest in Thailand, you must ensure that the property you choose is reputable. A Thai due diligence report will help you identify any red flags that may cause a negative impact on your investment. For example, if you’re investing in property in Bangkok, it’s a good idea to conduct a company due diligence report on the seller before you make any deals. This report can help you find out any liens or pending lawsuits against the property owner.

Due diligence is the process of analyzing specific facts and details about a company or a property before making a purchase. It involves physical inspection and reviewing financial statements to make sure the property is legitimate. It also involves a background check on the owner and developer. Thailand has a high rate of land scams, mainly due to the complexity of property registration. If you’re thinking about investing in Thailand, do your due diligence to ensure that the seller is honest and reliable.

Legality of building permits

If you are interested in investing in property in Thailand, you should understand the legalities of building permits. The laws governing land ownership in Thailand are complicated and open to misinterpretation, especially by experts. You must obtain a building permit before you can start construction. There are also minimum investment requirements. You must invest at least THB 40 million and be approved by the Ministry of Interior to buy land in Thailand.

It is essential to check whether the construction company has the required building permits before you invest in real estate in Thailand. These legalities can help protect you from being cheated by unlicensed builders. As a rule, developers must obtain a building licence from the administrative office of the locality. Moreover, certain types of buildings must pass a final inspection by the local administrative office before they can start the building operation.

Servitude checks

Before buying a property in Thailand, foreigners should check the land for servitudes. These are liens on land for the benefit of another property. In Thailand, the most common servitude is over the land’s title deed. To find out whether your property is free from servitude, read our article on Chanote titles. Also, be sure to check the superficies agreement to see if there is one.

If a property is stuck in the middle of the road, it may have a servitude. While this is rare, it’s worth checking. A property with access to the main road is a tempting prospect, but a high voltage power cable running across it isn’t. Similarly, a property with no access to a main road might be a burden. To avoid servitudes, be sure to check the property’s title deed and find out if any are registered against it.

Transfer of Title Deed in Thailand

Posted by Phuket AttorneysLeave a comment on Transfer of Title Deed in Thailand

What is the process for Transfer of Title Deed in Thailand? First of all, it is important to understand that title deeds in Thailand differ significantly from those in the West. Before purchasing a property in Thailand, it is important to register any superficies and usufruct as well as the full title deed. In addition, you should also ensure that you own the property in its entirety.

Nor Sor 3 Kor

Nor Sor 3 Kor Transfer of Title Dewd in Thailand is a legal document which grants the owner of land the rights to sell, lease, or mortgage it. It contains a detailed description of the land and its history of relevant transactions. The Nor Sor 3 document is one of the most common forms of land ownership in Thailand. Although it is a legal document, it is not the same as a real title deed.

Nor Sor 3 is an updated form of Nor Sor Saam (3 Gor). It is issued by the District Land Office and sets the boundaries of a plot of land. Aerial surveys are conducted to determine the exact boundary lines of a Nor Sor 3 parcel. No legal act related to the land is required to be published. A Nor Sor 3 can be subdivided into several smaller plots.

Chanote

A chanote is the type of title deed that gives the landowner full ownership of a plot of land. This type of deed can be used for many different purposes, including leasing, selling, and transferring land. This type of deed is also great for protecting property from interlopers. Generally, landowners must use their land for the purposes for which it was originally purchased. If they don’t, the Land Department can repossess the land for up to five years. With a chanote, the Land Department is more likely to encourage development, which will increase the land’s value.

The chanote type of title is preferred for property transfers in Thailand. This type of title provides full ownership of land and allows the land owner to sub-divide, transfer, and assign. This type of title is most commonly used in condominiums and provides the highest level of accuracy in measurements. Before applying for a chanote title, you must first obtain a Nor Sor 3 Gor, which is a legal document that determines the exact boundaries of a plot of land.

Sor Kor Nung

In Thailand, a Sor Kor Nung is a legal document that notifies the owner that they possess land, but does not officially confirm that they own it. Upon receipt of the document, the land holder can start using and occupying the land. This document can be transferred to another person or transferred via inheritance. Eventually, the land holder can upgrade his or her Sor Kor Nung to a Nor Sor 3 Gor or Nor Sor 4 (Chanote) document.

The Land Department issues 6 major title documents for individuals: a temporary occupation license, an occupation right, and a notification of possession. These documents all relate to land that is owned by the government, so these documents do not truly indicate who owns the land. Although these documents are legally valid, they do not indicate who actually owns the land. If you are interested in owning land in Thailand, you can consider purchasing a Nor Sor 3 land plot.

Por Tor Bor Ha

A PBT5 or Tor Bor Ha Transfer of Title Deed is a legal document that proves that you have been occupying a piece of land. You may have paid taxes on it, but you are not the owner of the land, so you cannot build or use it for farming or recreational purposes. A PBT5 can be upgraded to a Sor Khor 1 title.

Upon transferring ownership of a piece of land in Thailand, you must get the correct documentation. In addition to the title deed, there is also a Sor Kor Nung, which notifies you that you are the owner of a plot of land. In some cases, this title deed is not valid in Thailand, but you can still claim it by filling out the Kor Sor 1 form.

Facebook Twitter Youtube

© 2025 Attorneys in Phuket. All rights reserved.