Hiring a Lawyer in Thailand
Finding a law firm in Thailand is the first step and then meeting with the right lawyer. Discuss your case in detail and make sure that you are both on the same page when it comes to philosophies and working styles. Prepare a list of questions before meeting with a lawyer. Once you've met with the lawyer, you'll be able to ask him about the case's handling and other aspects of the legal process. Also, make sure that you know exactly what the lawyer will be doing - will he be dealing with the case by himself, or will he be representing the other party?
Filing a Divorce in Thailand
There are two main types of divorce in Thailand. The first is an uncontested divorce, which requires the two parties to appear in court. The other is a contested divorce, which requires one party to be a resident or lawful presence in Thailand. Filing a divorce outside of Thailand can be done through a lawyer. If you are filing for a divorce in Thailand, you will need to prove some basic facts, such as the name of the other party's employer and the date of the marriage.
Property division is fairly simple. Any assets that are in the name of one person prior to the marriage will remain that person's property after the divorce. All other property, such as cars, houses, and other possessions, will be divided equally. In addition to property, there are rules that determine how debts will be distributed after the divorce. In Thailand, the spouses will share responsibility for debts that were accumulated during the marriage.
Drafting a Will and Testament in Thailand
Thai law recognizes the importance of drafting a Will and Testament, which names the beneficiaries and details of the deceased's assets and debts. The Thai Probate Court will deal with assets and debts inherited in Thailand only. If you have assets outside of Thailand, you will need to draft a separate Will. You can get advice from a Thai lawyer, who will ensure that your wishes are respected and that you avoid any hassles.
Once you have decided to leave your assets in Thailand, drafting a Will and Testament is crucial. This document details who should inherit your property after your death and names an executor and a back-up. The will should be signed by at least two people and witness it. A will is important to avoid taxes, so it is also a good idea to name your Health Care Representative. Your Thai lawyer will guide you through the process of drafting a Last Will and Testament.
Drafting Prenuptial Agreement in Thailand
It is possible to draft a prenuptial agreement in Thailand after hiring a lawyer. A prenuptial agreement can protect the assets of both parties before they get married. You can even waive your rights to your business in case you die and leave it to your partner. Thai law makes it clear that you must not be against the rights of your children. In addition, a prenuptial agreement is not binding on either spouse, so it is recommended to hire a lawyer to draft it.
In Thailand, a prenuptial agreement (or ante-nup) is a written contract between two partners before they get married. It details the assets and liabilities of each partner, and stipulates what will happen to these assets and liabilities in the event of a divorce. A Thai prenup follows the provisions of the Thai Civil and Commercial Code. This means you will need to hire a lawyer if you don't know the law well.