The 4 Common Private Contract Documents

Foreigners living in Thailand often require the same personal legal documents with the same content. They want to marry a Thai national and want to protect their personal assets through a prenuptial agreement. They want to divorce a Thai national and need a divorce settlement agreement. They want to leave certain assets in Thailand to a Thai national and want to make last will and testament. Or they want a power of attorney to appoint another person in Thailand to act as their agent on their behalf. Often these documents are more or less standard documents and foreigners do not need to visit a Thai lawyer in his office to obtain such documents.

• Thai Last Will and Testament
• Thai Prenuptial Agreements
  
• Thai Divorce Agreements
• Thai Power of attorney service

Last will and testament

If you have definite ideas on how you require your estate in Thailand to be distributed when you die then you must make a last will and testament. A last will insures that your assets are given to those who you have entrusted your estate to upon your death. If you are a foreigner with assets in Thailand and you do not have a last will governing your assets in Thailand your wishes may not necessarily be carried out and international private law and statutory inheritance laws shall determine what happens to your properties in Thailand when you die.

Foreigners with assets in Thailand are generally permitted to dispose of their Thai assets according to a 'last will and testament' made in another country. Foreigners may also choose to make a last will and testament specifically for assets in Thailand, excluding assets in other countries through a limited jurisdiction clause in the will. The execution of a last will or distribution of an estate requires a Thai court procedure and approval in which an executor/ administrator of the estate will be appointed or will be given permission to wind up the foreigner's estate in Thailand. A Thai will could dispose of properties in Thailand separately and differently from assets in other countries.

Living Will in Thailand

A living will in Thailand is a legal document that allows you to state your wishes for medical treatment in case you become unable to communicate or make decisions due to illness or incapacity. It is not about distributing property, but about ensuring your healthcare preferences are respected, for example, whether to refuse life-prolonging treatments in certain circumstances. Living wills in Thailand are recognized under the National Health Act B.E. 2550 (2007) and must be made in writing and signed to be valid.

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Prenuptial agreements

A prenuptial agreement in Thailand (before marriage) is a contract governing personal and marital property of husband and wife and is entered into by two people planning to marry. The content of a prenuptial agreement under Thai law primarily includes financial arrangements and provisions for personal assets, management of joint assets and the potential division of common assets should the couple divorce. A prenuptial agreement must be made prior to the marriage and entered into the marriage register simultaneously with the marriage at the government office (amphur) where the marriage takes place or it will be void and the civil code sections 1465 to 1493 (the statutory matrimonial property regime) will govern the terms of property of husband and wife.

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Divorce in Thailand & Divorce Settlement Agreements

A divorce in Thailand can be quick, straightforward, and stress-free if both spouses agree to end the marriage and settle the terms in advance. When there is no dispute over property division or child custody, both parties can attend the local District Office (Amphur/Khet) together and register a mutual-consent divorce. This process is fast, inexpensive, and avoids lengthy court proceedings. Before appearing at the District Office, it is highly recommended to have a bilingual Thai–English divorce settlement agreement prepared by a qualified lawyer. This agreement records all key arrangements — from property division to debt settlement, custody, child support, and any ongoing obligations, ensuring clarity and legal enforceability.

If the spouses cannot agree on divorce terms, a contested divorce must be filed in court. This procedure is more costly and time-consuming, requiring legal representation and multiple hearings. In such cases, the court will dissolve the marriage and divide assets, debts, and parental rights according to Thai law and the specific facts of the case.

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Power of attorney

A power of attorney lets you appoint someone you trust to manage important matters on your behalf. A power of attorney is used to hand over control of your affairs to another person. The 'principal' empowers another individual 'attorney-in-fact' to act on his behalf. The attorney in fact takes control of the principal’s business and legal dealings subject to the power of attorney. A power of attorney in Thailand can be used for short-term specific transactions which the principal cannot handle himself, or can continue in the event that the principal becomes incapacitated or mentally ill. Government bodies in Thailand often require their own specific standard power of attorney (in Thai script) when someone is acting on behalf of another person in official procedures.

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Prenuptial Agreement in Thailand (Thai–English)

Under Thai marriage and family law, personal property everything owned (and owed) before the marriage remains each spouse’s personal property during marriage (see Section 1471 of the Civil and Commercial Code; สินส่วนตัว vs. สินสมรส). A prenuptial agreement (สัญญาก่อนสมรส) commonly lists each party’s personal assets and may grant sole management over specified marital assets to one spouse during the marriage, helping reduce disputes and protect pre-marital wealth.