Prenuptial Agreements Phuket

What You Need to Know About Prenuptial Agreements

First things first, what is a prenuptial agreement? Also known as an ante-nuptial agreement or premarital agreement, a prenup is a written contract entered by two individuals prior to marriage or a civil union. This enables them to control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends either by death or via a divorce.

Couples choosing to enter into a written prenup have it that it supersedes any existing default marital laws that would otherwise have applied in the event of a divorce. These laws would normally guide on matters such as property reallocation’s, retirement benefits, alimony, and any other such terms. A prenup may also contain waivers, in the event of a death, the surviving spouse’s right to claim an elective share of the deceased estate. Prenuptial agreements fall under family law, and a good Phuket law firm which practices the same can offer great advice and help in drafting one under Thai law.

Valid and Enforceable Prenup in Thailand

In Phuket and Thailand in general, a prenuptial agreement is recognized by the Commercial and Civil Code of Thailand. It is important to note that not all prenups are valid and enforceable, and it is, therefore, important to get a Phuket lawyer to help. A valid and enforceable Thai prenup is required by Law where:

  • The content of the prenuptial made in Thailand cannot be against the law or good morals;
  • Both the prospective husband and wife must understand the content of the prenuptial;
  • The prenuptial in Thailand must be made before the marriage, a contract between husband and wife concerning personal and jointly owned property made after the marriage registration (post-nuptial) is void;
  • Both the future husband and wife must sign the prenuptial in the presence of at least two witnesses and the agreement must be entered into the Marriage Register together with the marriage.

Any lawyer in Phuket will ensure that these conditions, found at clause 1466 of the Commercial and Civil Code of Thailand, are met as required.

In accordance with the Thai laws on marriage, the prenuptial agreement mainly relates to the assets and financial implications of marriage. It establishes conditions of ownership and management of personal and concrete joint property and potential division of marital assets, if the marriage will be dissolved. The prenuptial agreement should also include a list of each individual’s personal assets at the time of the marriage and guarantees, that debts and property before the marriage remain in possession of the initial owner or debtor.

From a contractual perspective, personal property includes:

  • Any property owned by spouses before the marriage;
  • Any property for personal use;
  • Gifts from third parties or property received through the testament (if it is not indicated in testament, that property should transfer to joint property of spouses);
  • Real estate transmitted to the bride as a dowry (during the engagement ceremony) also known as Khongman.

In the same way, joint property includes:

  • Property acquired at the time of the marriage;
  • Property received by one of the spouses at the time of the marriage as a gift, if in the document attached to a gift or in the document compiled by spouse this property was declared as joint;
  • Income acquired from personal property.

The Pros and Cons of a Prenuptial Agreement

Everyone will have an opinion on the necessity or implications of a prenuptial agreement, which influences the decision on whether to have one or forego it altogether. Naturally, the discussion can be an uncomfortable one for a couple if they are on either side of the fence. As such, the debate for and against prenuptial agreements has raged on.


Here are some common reasons that people may want to avoid prenuptial agreements:

  • A prenup can be perceived as not romantic. During an engagement, it does not seem appropriate to discuss what to do if the marriage fails. Couples, therefore, completely avoid the subject even if they are willing to have a prenuptial agreement.
  • If the couple is young and starting out with no assets, a prenup talk can bring up some trust issues and one of the couples may question the true motive for getting married.
  • It’s hard to predict every possible change in the future circumstances that might occur between the time a prenuptial agreement is written and a divorce. What seems fair and reasonable right now at the time of writing the prenup might seem extremely unfair to one of the partners twenty years later. A lawyer in Phuket can offer invaluable advice about any future concerns in the event that a prenup is being considered.
  • State law may protect you without a prenup.


On the other hand, there are some considerable advantages to have a prenup before entering the marriage:

  • One of the common reasons for divorce is financial disputes between couples. Discussing it all upfront will help to reduce conflicts and save money in case of divorce.
  • It can protect your separate property.
  • It helps you plan your estate
  • It defines what property is considered marital or community property
  • It reduces conflicts and saves attorney fees if you decide to divorce
  • It clarifies special agreements between you and your future spouse
  • It establishes procedures and ground rules for deciding future matters

Final Remarks

When looking at it from an individual’s perspective, prenups sound like a great idea in terms of securing one’s assets. The same may not be true for a couple. Ultimately, seeing as it’s an agreement, it will have to be agreed on. No one commits to a marriage with the intention of leaving, but it is wise to think about the future. Thinking of getting a prenup? Need help drafting one? Talk to a Phuket law firm with years of experience in family law today!

Legal Coaching Phuket

Legal Coaching

While one may argue that the legal field has relatively remained constant, the fact remains that change is inevitable in every field. This is especially the case wherever clients are involved. Phuket law firms are becoming aware of changing client needs. These changes require diversification in how certain legal services that have been traditionally offered – and which can now be improved to suite you, the client. Legal coaching is a perfect example of this.

Traditionally, a Phuket lawyer would choose to drop a client if they were not to provide full representation and drive the case their way. Nowadays, it is not uncommon to find a lawyer or Phuket law firm willing to be partly involved in a case, with clients being guided on how to handle some of the matter if it’s not going to court.

Why Legal Coaching?

Legal coaching means that the lawyer is designated to a consultancy role as opposed to taking point. This limited legal assistance may be suitable for clients for several reasons. The first factor is financial capability, where not every client may be able to afford full representation even if it is necessary. Instead of not having any legal assistance, you, the client, may choose to only involve a Phuket lawyer in limited scope of the case, and for guidance only.

Another reason would be the desire for involvement. Currently, legal coaching is being applied to family law, whereby in cases such as divorce, the parties seek more involvement. Clients nowadays want involvement, and want to know what happens at every stage of the divorce proceedings. In this case, having a lawyer guiding the client from the background would be desirable.

When finding a legal coach, it is prudent to find a professional with a wealth of knowledge in a particular matter. This will ensure that even their guidance only would do you a wealth of good when it comes to self-representation.

What Legal Coaching Offers

Legal coaching offers full representation in the event that the case overwhelms the client. The advantage of this is the smooth transition because the lawyer was already partially involved. It also offers litigation advice and coaching, where the lawyer will help determine whether the client’s claim is viable and how to proceed with the claim, even formulating interview questions. A legal coach can also offer limited legal assistance in either preparing or reviewing legal documents that the client has prepared. Legal coaching can also help a client with mediation, whether before or after. If before, the legal coach can advise on rules and options, and if after, can offer advice on whether to accept or decline a proposed agreement.

Child Custody Lawyer Phuket

Why you should hire a child custody lawyer after your divorce

After the parents are divorced the biggest issue they have to deal with is the custody of their children. Parents know what is best for their children, but they do not want to let their children go. Both parents have the equal right over their children and they do not want to let go of the child. This is the reason that situation can often get tough and it becomes hard to decide that who would get the custody of the child.

Whether you are planning to be a custodial or non-custodial parent it is better that you hire a Phuket law firm. A lawyer can help you manage the process smoothly without any issues. Here we have everything you need to know about the process.

How a Phuket lawyer can help you with the custody of the child

The custody law is very complex. Our family Phuket lawyer has the experience that will help you give the power you need over your case. When you will have our family lawyer supporting your case you will be able to get the help in the following fields.

1. No confusions

When you will have to fight for the custody of your child there are many confusions that you will have to deal with. In case you do not have a Phuket lawyer, there are chances that your confusion will not be resolved and you might make a mistake due to which you will lose the custody of your child. On the other hand, if you will have a reliable Phuket lawyer by your side, you will not have to deal with any confusion. The lawyer will explain everything perfectly, so you will be able to handle everything perfectly.

2. Satisfaction

Once you will have our lawyer by your side you will be satisfied that there is something to take care of the case. you are aware of the fact that there are several ups and downs in the case that you cannot deal with alone. Having a reliable lawyer is a surety that your case will be handled by professional and nothing will go wrong.

3. Fight for your right

There are chances that the lawyer or other party has some supportive proof against you due to which there are chances that you might lose the case. However, the experts at our Phuket law firm will study your case properly and all the proofs that other party might have. They will prepare the case accordingly to assure that you will not lose your right over the child. In case you cannot get the complete custody, the lawyers will assure that you get at least the authority to spend some quality time with your child. They will assure that you will never lose your rights.

4. Prepare your case properly

The biggest benefit of working with our Phuket law firm is that you will get the attention of the experts. They will understand your case from the beginning to the end and will assure to work on it properly. The best thing about the services is that once they prepare your case they will teach you everything. They will let you know how you have to answer all the questions to assure that you will not lose the case. In this way, your chances of winning the case will increase.

What to consider before hiring the family Phuket lawyer

Hiring a family Phuket lawyer is not an easy task. Here are some of the things you have to consider to assure that everything will be managed perfectly.

Plan your budget

First, it is important that you plan your budget. You should know that the custody case will not be handled properly. There are many different types of costs that you will have to consider and the most important one would be the fee of the Phuket lawyer. You have to assure that you can manage the fee of the lawyer because that is the only way you will be able to get the services. If you are on a tight budget, discuss the case with the experts and they might give you a little discount to assure that you can have the custody of your child.

Know the complexity of your case

One of the most important things you have to consider is the complexity of the case. In order to know that you have to get the consultation services from the Phuket lawyer. Discuss your entire case with the experts and they will let you know how long it will take to manage the services. There are chances that your case is very complex. So, you will not only have to wait but also the charges of services will be higher. Getting an estimate and how the case will be handled matters a lot.

Consider the reputation of the lawyer

Once everything has been managed and you know what you will have to go through during the case, it is important that you consider hiring your lawyer. You have to pay attention to the reputation of the lawyer because it will give you the perfect idea about his level of expertise. You should know that whether the lawyer is trustworthy or not. It is important for you to find out that whether the lawyer has the experience of dealing with child custody case or not. Consult the previous clients of the lawyer to find out whether he is worth your services or not.

Bottom line

There is no need to go anywhere else when you have the HWAL International Law Firm Phuket by your side. They have the best team of expert lawyers that have been dealing with the family and child custody cases. HWAL Phuket lawyers have been professionally trained to assure that your chances of success will be increased. All the services are reliable and they have the best reviews from all their previous clients. All the services are available at reasonable rate.

Thai Law about Parentage

All nations have certain legal guidelines on parentage. In many countries, the problem is always on paternity. The birth mother is always automatically registered because the legitimate parent of the child regardless of her civil status while there are specific situations required in a few countries in terms of paternity.

Provisions of the Thai Parentage law Code spell the different standards corresponding the kid’s legitimacy or illegitimacy and paternity.

On child’s Legitimacy

Under section 1536, a legitimate child is defined as one that is born of a married mother inside the duration of marriage or if marriage is terminated, within 310 days after the wedding termination. This also applies to a child born earlier than the marriage has been declared void by the courtroom’s final judgment or within 310 days from final date judgment. In this case, the husband of the married birth mother is presumed and named the valid father of the child.

This is also indicated in section 1560 which states that “the child born in the course of marriage is considered to be valid even if the marriage has been thereafter cancelled.”

Some condition for a child’s legitimacy is described in section 1546 – wherein a child born of a woman who is unmarried to the child’s biological father is decided to be the legitimate infant of the single birth mother.

Legitimate Father

But, if the woman is not married to the kid’s biological father and is not named as the legitimate father of the kid. single mothers are denied the presumption of legitimacy for a father via the courts. even if the biological father of the child signs his name as the natural father, Thai parentage law does not allow for him to be named as the legitimate father.

Underneath phase 1547, if a child is born to parents who aren’t married to each other, the kid turns into legitimate by using the following marriage of the mother and father or by way of the registration made by using the father on application or by means of court judgment.

If the biological father of a child born to single parents applies for legitimation, the child and the birth mother ought to provide approval to the applicant, as stipulated in section 1548.

Legality of Marriage

The application of legal presumption is affected by the legality of marriage between mother and father. Thai laws only understand marriages that are officially registered in Thailand or in a foreign country as legitimate. If the marriage is recognized by Thai government, the child born inside such marriages is taken into consideration valid. If, however, the marriage is an unregistered religious ceremony and unrecognized in foreign country, the child isn’t decided as legitimate.

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Last will

Validity of Thai Wills

The idea of making a will is something most of the people are reluctant to even consider. As loss of life is a very sensitive issue, any topic that is directly or indirectly associated with it is avoided. however, for other people, writing a will is almost a necessity particularly if it concerns large property, assets and investments.

In Thailand, the exercise of making a will and testament is pretty not unusual amongst those in the top strata of society. The Thai people generally recognize the significance of executing a last will and testament so that the distribution of the property and residences will be done according to what is distinct inside the will. in the absence of which, the Thai inheritance law will decide what happens for your property upon your demise. One possibility is that your property, with out a will, can be distributed in line with the conditions of the Thai Civil and commercial Code taking account the kinds of relationships and order of priority of the lawful heirs.

For a Thai Will and testament to be valid the will need to be made by someone of sound mind and need to follow one of the forms prescribed in chapter 2 of the Civil and commercial Code.
a person need to be at least 15 years of age or he cannot witness or make a will. The beneficiary in the last will or testament can’t be a witness of the will.

A Thai Will and testament is considered final and executory if all the particular necessities and prerequisites of the sort of Will and testimony made are complied with. If one of the specifications are not met, it can be questioned for its validity, and in the end be considered null and void.

Kinds of Will in Thailand

Holographic Will. The most common last will and testament in Thailand is one carried out via the testator in writing, dated at the time it turned into written, signed through the testator with at least 2 witnesses who sign their names to certify the signature of the testator.

A secret document registered with the local Amphur. The testator have to close the document (his last Will), sign and hand it over to the same official as defined in section 1660 of the Civil and commercial Code. 2 witnesses must also sign the closed document and the official will seal the closed final Will and testament. If the last Will and testament was not handwritten by way of the testator, he (testator) have to state the name and domicile of the writer.

Will by using word of Mouth. That is allowed under Thai law in sure cases or superb instances such as imminent danger of dying which prevents the person from creating a will in any of the prescribed forms as prescribed inside the Civil and commercial Code.

A public document. The last Will and testimony may be made as a public record at the local amphur by way of a declaration to the relevant public officer. The testator must claim his needs inside the Thai language to the general public officer who in turn have to write down the testator’s statement in the Will in Thai. The official should read the declaration once more to the testator and witnesses who have to additionally sign the last Will that is drawn up with the aid of the Thai public officer. it’s far required that the testator using this form need to read and write Thai.

The last Will and testament in Thailand is difficulty to the appointment of an executor or administrator. The court determines if the testator has made a valid will. If no legitimate legal Will and testament is made or decided, the property could be disbursed most of the statutory heirs pursuant to precise Thai Inheritance laws.

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Divorce Thailand

Kinds of Divorce in Thailand

Depending on where you are located, divorce may be an normal discussion or it could be an uncomfortable situation for discussion. In Thailand, divorce is legally common even though it is an uncomfortable situation. depending at the situations surrounding the petition for divorce, the dissolution of marriage complaints in Thailand may be faster as compared to other nations where divorce proceedings can take out years before a decision is granted. A lot of it has something to do with the understanding of the legal team engaged to address the divorce petition. The process is different from Thai couples and foreign couples or a mix of one Thai and a foreigner.

There are several types of divorce in Thailand:

Uncontested Divorce

This form of divorce is the recommended divorce because it is easy and does no longer require any courtroom intervention. each parties to the marriage are in agreement in finishing the marital union. each parties need to be physically present when they apply for uncontested divorce before the local register.

Contested Divorce

This type of divorce offers one side to the marriage to seeks the court’s assistance in dissolving the marriage situation to the existence of one of the grounds prescribed beneath Thai law. This is a usual an choice taken if one of the spouses does no longer agree to the dissolution of the marriage. The requesting partner, in essence has to prove that the opposite spouse has dedicated one of the grounds for serving divorce. some of the grounds include adultery, if there are disagreements at the custody of children and marital property sharing, if the spouse was abandoned by the other partner for more than a year, and so forth. The court will intervene as important to place an end to the marriage and the problems that go together with the divorce complaints. Contested divorce includes court hearings and can be an luxurious challenge.

There are also difference in each divorce that can be classified by how couples marriage and ethnicity are arranged.

Most of Foreigners end up marrying a Thai national after repeated visits to the country. Such marital unions may additionally last for many years and a few won’t for a number of reasons. Divorce is then necessary to put an end to such union. In most cases, if the wedding happened in Thailand, the Thai national will choose an uncontested divorce as this is the kind of divorce more favored by the Thais. The foreigner must know that this form of divorce may not be recognized in a few nations. it could create potential problems within the future specifically if the foreigner has plans of re-marrying.

If that is the case, then having a family lawyer in Thailand that has years of experience in managing divorce for each Thai and foreign nationals is the greatest option. this will aid in smooth transition of cases in which both parties will not suffer and be aggrieved. if you want help of family legal professional Thailand, you can contact this HWAL law firm.

It is important that foreigners are aware of the different ways divorce procedures are done in Thailand compared to their country of origin to avoid complications once they undergo the painful process of divorce.

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Last will

Heir Classification in Thailand

Every country has its very own sets of laws on intestacy or intestate succession and inheritance. There are laws govern Thai will or determine for legal heirs within the event that the source of the inheritance passed away without a will. In Thailand, the provisions of the Thai Civil and commercial Code will govern in the event someone died without an executed will to explain how the assets can be disbursed among heirs.

What is the Estate Succession in Thailand?

The entire estate of a deceased man or woman, additionally referred to as a decedent, who has not completed a last will, will be allotted to his or her statutory heirs. The legal guidelines on intestate succession can also apply when the testator made a will but did not eliminate all his or her properties, wherein which the remaining assets which were no longer included inside the will shall additionally be dispensed to the statutory heirs in keeping with Thai laws.

If someone is married, the surviving partner is likewise considered a statutory heir and the percentage of the surviving spouse relies upon on who she/he concurs. If the testator or the decedent left numerous wives who acquired their legal status previous to the effectivity of the Thai Civil and commercial Code, all of the wives shall inherit equally. however, as between the other halves, the number one wife is entitled to one share while the secondary wife can best claim ½ of the percentage to which she is entitled.

Under Thai laws, the statutory heirs of the same class shall be entitled to equal shares. If there is only one surviving parent, the parent receives the entire portion of the allotted asset. If there are three brothers and sisters of full blood, the percentage to which they’re entitled to might be divided into three parts.

The surviving partner shall be entitled to her proportion according with the following:

If the decedent left a spouse and kids, the partner is entitled to 50% of the estate and the children are entitled to the closing 50% which will be similarly allotted among the kids.

If the decedent left his partner and parents, the spouse is entitled to 50% and the parents to the alternative 50%;

If the decedent left his spouse and his brothers and sisters of complete blood, the partner is entitled to 50% and the opposite 50% is going to his brothers and sisters;

If the decedent left his spouse and brothers and sisters of full blood, grandparents, uncles and aunts, then the spouse will inherit 2/3s of the property and the final heirs may be entitled to the opposite 1/3 in order to be divided in same shares among them. The surviving spouse takes the whole estate within the absence of any other statutory heir.

Underneath section 1627 of the Thai Inheritance laws, “an illegitimate child who has been legitimated by his father and an adopted child are deemed to be descendants within the same way as legitimate children in the meaning of this Code.”

There are six classes of statutory heirs in Thailand, and they are entitled to inherit in the following order:

Brothers and sisters of full blood
Brothers and sisters of 1/2 blood
Grandfathers and Grandmothers
Uncles and Aunts
Surviving spouse(s)

If you need a Phuket Lawyer for cases like this or setting up business, handle property and real estate or even immigration cases, don’t hesitate to contact us! We will be glad to review your case and provide solutions!

Wedding Phuket

Getting Married Legally in Thailand for Foreigners

Love transcends all language, distance, even age. Foreigners coming to Thailand and falling in love with a local Thai is not at all that uncommon. There are some legal things that expatriates need to bear in mind when they decide to tie the knot with a local. There could also be some practices that are dictated by local traditions that should also be kept into consideration.

Who’s Eligible for Marriage?

Local laws dictate the following requirements for being eligible to get married, for both parties:

  • They must be at least 17 years of age.
  • They must not have any blood relations or relationships through adoptive parents.
  • Both parties must not be in a married state.
  • For parties with deceased spouses, 310 days must have elapsed since the death of the previous wife or husband.
  • The same waiting period is applicable for parties who had previous marriages that had been terminated.
  • The waiting period can be shortened if there are no children born out of the previous marriage, or if the woman can prove that there was no pregnancy initiated before the termination of marriage or death of the husband.
  • If they wish to marry before the waiting period has lapsed, the woman has to obtain legal permission from the Court to marry.
  • If you meet all of those requirements above, then congratulations!. You and your fiancee can now be married in Thailand.

Documents Required

Before you can marry, you’ll have to accomplish several documentary requirements. Both of you need to affix copies of your identification cards, or a copy of the passport for the foreigner. The expatriate should also furnish an affidavit from his embassy that he has not been in a marriage before or, if such marriage exists, it has been duly terminated by a Court of law at home. These affidavits must be translated into Thai by accredited foreign language translators.

During the marriage ceremony, the couple must have at least two witnesses that will attest that you and your fiancee have professed marriage vows to one another before a duly authorized minister.


In order for the marriage to be valid and recognized under Thai law, the final step in getting married is to get it duly registered with the Register of Thailand. To do this, parties have to accomplish an application form and submit it together with several other documents to the any District Office or Minor District Office in the Kingdom.

Once the consent officer in the Register affixes his or her signature, the marriage is considered binding and legal under the Kingdoms laws.

Since marriage involves a change of name, married ladies should take the steps to change her family name to reflect the change in the marriage registration. She has 60 days to secure a new identification card to represent herself in her new civil status.

Marriage is but a beautiful thing. All the more reason that couples, both locals and Thais, should always take the steps to make their marriage legal, so they can both have full protection of the law.

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