Foreigners can but do not have to make a separate Last Will for Thailand as foreign wills are enforceable in Thailand. Unless the foreigner is a resident or has his/her habitual residence in Thailand, owns real estate or is married to a Thai national there is no specific need for foreigners to make a separate Last Will and Testament for assets in Thailand or a Thai Will with the same content as a the Last Will made by the foreigner in his home country.
DIVORCE IN THAILAND means the dissolution of a marriage by the judgment of a court on one of the 12 grounds for divorce as listed in Section 1516 of the Civil and Commercial Code or by the Amphur (local municipality office) in Thailand upon a joint request and mutual consent by husband and wife. The Amphur or Amphoe is the district government administrative office (in Bangkok these offices are also called ‘Khet’). The district offices are responsible for marriage registrations and have the authority to again dissolve a marriage in case of a divorce on mutual consent.
THAI MARRIAGE property law is largely governed by the section property between husband and wife in the Civil and Commercial Code. In general 'benefit and income' of each spouse acquired during marriage will under Thai law become jointly owned property between husband and wife. A prenuptial agreement is an allowed concept in Thailand however it is not possible to exclude the general property regime between husband and wife in a prenuptial agreement.
A last will and testament in Thailand is the instrument by which a person declares his will as to disposal of his assets or estate and effects after his death. A Thai will and testament, to be valid, must be made by a person of sound mind and it must be in one of the forms as prescribed in chapter II of the Civil and Commercial Code sections 1655 to 1672.
A post nuptial or post nuptial agreement as opposed to prenuptial agreement in Thailand is a marriage contract between spouses concerning their financial relation and their personal and/ or marital property done after marriage. A post nuptial contract is created after the official marriage registration as it refers to an agreement after marriage.
Common law marriages also referred to as a 'de facto' marriage is basically a marriage that is not officially registered but is recognized by law as a legal valid marriage or becomes valid after a period of time in which a man and a woman have cohabited as husband and wife and presented themselves to the outside world as husband and wife. In some countries such a 'de facto' marriage is recognized as a valid marriage. The principle of a common law or de facto marriage (whether it concerns a heterosexual or homosexual couple) is NOT recognized under Thai law. Marriage under the Thailand Civil and Commercial Code shall be effected only on registration being made.
Living wills in Thailand is defined as advance health care directives leaving instructions for treatment made by someone still legally capable. A living will in Thailand is one form of advance directive or instructions specifying what actions should be taken in the event that they are no longer able to make decisions due to illness or incapacity.
A THAI NATIONAL who has a foreign spouse and who would like to legally acquire land in Thailand must prove that the money used on the purchase is personal property and sign a letter of confirmation signed together with the foreign spouse in front of the competent official certifying that the spending on land is separate personal property (Sin Suan Tua) of the Thai spouse and not a personal property of the foreign spouse, or common (sin som ros) marital asset between the spouses.
A Thai national who is married to a foreigner is allowed to acquire land in Thailand after a joint statement (letter of confirmation) by the couple stating that the money expended on the land is personal property of the Thai spouse and not a Sin Somros (marital property) or personal of the foreign spouse.
Prenuptial/premarital agreements in Thailand can cover matters relating to personal and common property between husband and wife. A prenuptial must be made in contemplation of marriage, must be in writing and signed by both parties and registered in the marriage registers together with the registration of the marriage. A prenuptial agreement can in its content not eliminate the statutory system of property between husband and wife but it can modify the management over certain common property. A prenuptial agreement in Thailand between a couple planning to marry is commonly used to lists personal assets of each spouse and to establish rights and responsibilities regarding management of the properties during the marriage. It can include the intention how common assets are to be divided upon termination of the marriage, but the prenuptial should not cover subjects like child and spousal support or the making of a will.