The 4 Most Common Private Legal Documents in Thailand

A prenuptial agreement in Thailand is a contract entered into by two people before marriage that governs the ownership and management of personal and marital property between husband and wife.

Under Thai law, the content of a prenuptial agreement primarily focuses on financial arrangements, including the treatment of personal assets, the management of joint property, and the potential division of marital assets in the event of divorce.

To be legally valid, a prenuptial agreement must be made prior to the marriage and registered at the same time as the marriage at the district office (amphur) where the marriage is recorded. If this requirement is not met, the agreement will be void, and Sections 1465 to 1493 of the Thai Civil and Commercial Code will apply to govern the property rights of the spouses. read more about prenuptial agreements under Thai law.

A divorce in Thailand can be quick, straightforward, and relatively stress-free when both spouses agree to end the marriage and settle all terms in advance.

When there is no dispute over property division, debts, or child custody, the spouses can appear together at the local District Office (Amphur or Khet) and register a mutual-consent divorce, avoiding court proceedings altogether.

Before attending the District Office, it is strongly recommended to prepare a bilingual Thai–English divorce settlement agreement. This agreement records all essential arrangements, including the division of assets, allocation of debts, custody and parental authority, child support, and any continuing obligations, ensuring clarity and legal enforceability.

If the spouses cannot agree on the divorce terms, a contested divorce must be filed in court. Court-based divorce proceedings are more time-consuming and costly, and the court will decide the dissolution of the marriage and related matters based on Thai law and the specific circumstances of the case. Read more about divorce options under Thai law

If you have clear wishes about how your estate in Thailand should be distributed after your death, you should make a Last Will and Testament. A properly drafted will helps ensure that your Thai assets are transferred to the beneficiaries you choose and reduces the risk of disputes later.

If you are a foreign national with assets in Thailand and you do not have a will that effectively covers those Thai assets, your preferences may not be followed, and Thai inheritance law, together with private international law rules in some cases, may determine who receives your property and how the estate is administered.

In many situations, foreigners can dispose of Thai assets under a will made abroad, but it is often practical to prepare a Thailand-specific will that deals only with assets located in Thailand. This can be done by including a limited jurisdiction clause so that assets in other countries remain governed by your separate estate plan.

The execution of a will and the distribution of an estate in Thailand generally requires a Thai court procedure, including the appointment or confirmation of an executor or estate administrator who is authorized to manage and distribute the deceased person’s assets in Thailand. read more about succession and Last Will under Thai law.

A power of attorney allows you to appoint a trusted person to manage important matters on your behalf. Through this document, the principal authorizes another individual, known as the attorney-in-fact, to act in his or her place within the scope defined in the power of attorney.

The attorney-in-fact may handle the principal’s legal, business, or administrative affairs as permitted by the document, whether for a specific short-term transaction that the principal cannot personally attend to, or on an ongoing basis if the principal becomes incapacitated or mentally unable to act.

In Thailand, government authorities and official institutions often require their own standard power of attorney forms in Thai language when one person acts on behalf of another in formal procedures, particularly in matters involving property, business, or public administration.