The course of true love does not always run smoothly. This is particularly so when marriages and long term relationships break down or when loved ones die having failed to put their financial affairs in order during their lifetimes.
These are highly emotional and challenging times for all concerned but with an element of goodwill, sound legal advice on Thai laws relating to Family and Inheritance Law, help is at hand.
Getting it right at the start:
Marriage and long term partnerships:
Getting advice on protecting your or your family’s wealth and property before committing to a long-term relationship, such as marriage or civil partnership, may seem unromantic but sensible couples do it all over the world as a practical step knowing that, sadly, many relationships do break down.
In relation to mixed marriages it is always advisable for the non-Thai partner when buying property or setting up a company in Thailand to protect his or her future rights of ownership should the relationship break down or the Thai partner pre-decease the non-Thai national.
Putting your financial affairs in order:
‘The only sure things in life are death and taxes’. None of us have control over these two certainties but we can take steps to ensure that most of our hard-earned wealth passes smoothly to our loved oneswhen we die and minimise the tax paid by our estate, so far as the law allows.
The first step is to write a legally binding and enforceable last will and testament and keep it under review either when your financial circumstances change or around every three years, whichever comes sooner.
A Will is the best way to ensure that your estate is distributed in accordance with your wishes in a tax efficient manner. It also allows you to select your Executors (professionals like Orion or friends/family members you trust), appoint Guardians and Trustees for any non-adult children who survive you, stipulate at what age you would like your children to inherit and even your instructions regarding your funeral arrangements. If you die without leaving a Will these important issues will be left in the hands of others to decide and your estate will be distributed in accordance with the Thai laws of Intestacy which are current at the date of your death. For peace of mind, you should make sure that you have a valid Will in place.
It is often sensible to make gifts of surplus assets to your loved ones during your life time or move property into joint or multiple names, as appropriate.
Take advantage of our FREE 30-minute initial consultation to see where you stand.
How can our law office help:
- Our law office can advise on pre-nuptial arrangements and agreements and make adjustments as to ownership of assets or draft an agreement.
- Our family and property lawyers can advise the non-Thai partner in a mixed marriage or civil partnership how to protect his or her proprietary rights in assets owned or to be purchased, such as a company or domestic or commercial property. This is particularly important when building a property on land which has been purchased in the name of the Thai partner. We can also draft and register the necessary documents to secure these rights for the non-Thai partner.
When the marriage/civil partnership breaks down.
- First and foremost, our family law lawyer will try and establish with you, and if necessary with your partner, whether your marriage or relationship has completely broken down or whether the is any prospect of a reconciliation.
- If you and we are satisfied that the breakdown is final our family law lawyer will advise you on your rights relating to your children (if any), your right to occupy the matrimonial home your financial rights and the procedure for a divorce or legal separation.
- When you are ready, your lawyer will help you to start proceedings for divorce or legal separation.
- Your lawyer will contact your ex-partner or his/her advisers to mediate on your half to try and negotiate a ‘fair and reasonable’ financial settlement dealing with your legal entitlement to income and capital and if applicable, the contact and financial arrangements for your children.
- Your family law lawyer will ask your ex-partner to disclose full details of his or her income and capital.
- Your family law team’s primary goal will be to try and reach an amicable settlement and then get you to enter into a legally binding agreement.
- If it is not possible for us to reach an amicable settlement or your partner is refusing to negotiate or being unreasonable your family law lawyer will assist with regard to court proceedings to ensure you receive a fair settlement in court.
- If your partner has moved to an undisclosed location, in Thailand, or you have reason to believe that he or she is hiding income or assets, then we can seek the assistance of the company’s in-house investigation team to trace your partner and details his or her ‘hidden’ income or assets.
- Your family law lawyer will also help you with regard to disputes concerning the custody and contact to any children of the relationship, or their financial entitlements, and represent your and your childrens’ interests in Court should it become necessary to do so.
Legacy/inheritance Disputes.
- Our legal team will advise you on your entitlement under a Will of a deceased or under the Thai Intestacy rules, as appropriate.
- Your lawyer will always try and negotiate an amicable settlement for you with your opponent or opponents.
- Where an amicable settlement cannot be reached, we will advise you of any rights you may have to challenge the distribution of a deceased’s estate and where necessary represent you in court proceedings.
- Where the potential beneficiary is a non-adult our instructions must come from his or her parent or legal guardian.
