Legal Publication

marriage registration

Marriage Registration in Thailand

If you are getting married in Thailand then ensure that you are able to register your marriage in Thailand correctly. These are the basic steps and on average takes 2-3 days to complete. Speak to us about a better way! Getting married in Thailand is not unique but the Thai marriage registration process can be very time consuming and take up much of your time in Thailand after the wedding. Firstly you need to obtain an affirmation to marry from your local embassy in Thailand. This means that you need to fill in a form and if you are divorced you need to hand in a copy of your divorce decree with the completed form at your embassy. If your spouse has passed away then you would need a copy of her death certificate.

marriage registration

Most embassies in Thailand make the affirmation an overnight process but not all. You need to go back the following day to pick up the letter from the embaasy which states that you are free to marry your Thai fiancee. Once you have obtained this letter you need to take this letter down to the Thai Foreign Affairs Department.  This is located on the far side of Bangkok and this usually takes a day as well as you need to wait while they verify that the letter from your embassy is not a fraud. There are many touts at the department but it is always best to ensure that you had in and collect your documents personally. Failing which as stated, use a reputable law firm to do this for you. What the department does is to verify the letter and simple place a small samp onto the back of the letter stating – verified.

Once you have you verified letter and your wife’s ID documents and house registration papers you need to go down to the Amphurs Office.  This is the district office where registrations actually take place. Once you hand them all the documents they will then issue you with a marriage certificate while you wait. There are loads of hoop jumping and if you are easily frustrated – let a lawyer do all the hoop jumping for you. Speak to any of our lawyers today about marriage registration in Thailand and how this can be made someone else’s problem.

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Due Diligence - Chiang Mai Property

Due Diligence – Chiang Mai Property

If you are buying property in Thailand then it is always wise to have a due diligence done on the Thai property before you sign either the lease or sale agreement. There are reasons for this – here is why! When buying property in Thailand or you are about to sign a leasehold agreement in Ciang Mai or anywhere in Thailand, always speak to a lawyer first. It is very important to have a due diligence done on the property before signing any agreements. Many do not do this and end up losing all their money many times their retirement next egg as they failed to do what was needed. Cutting corners when it comes to property or the law is never a good idea.

Due Diligence - Chiang Mai Property

The due diligence which our lawyers in Chiang Mai will do for you is to ensure that you are getting what you had been told. They will ensure that the title deed is correct and that all Thao government departments agree that the title matches the property being sold or leased. Now you might ask why this is important. This is important as you need to ensure that you are not being sold or leased government property. A few years ago the Thai government cracked down on Samui island where title deeds had been incorrect and large property developments had occurred on government land reserved for forestry projects. Had any of the buyers done a due diligence on their property by a law firm with a reputation as ours, they would not have lost their money or ended up in prison. The titles must be checked for your own safety.

Part of the due diligence check is also to ensure that the property meets the sizes which have been recorded and that there are no  liens and encumbrances against the property. The lawyer also needs to ensure that there are not debts or mortgage bonds registered against the property. If this is an offplan project then the developers need to be checked to ensure that they are reputable and have all the licenses needed for the project. The last thing you need is a developer that does not have the capital to complete the project. Buying property in Chiang Mai or anywhere in Thailand? Speak to us at Siam Legal first – with offices in all the major tourist cities in Thailand we are best able to assist.

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Leasehold Agreements in Thailand

Leasehold Agreements in Thailand

Leasehold Agreements in Thailand

If you are retiring in Chiang Mai or anywhere in Thailand for that matter, you might consider leasing a property and not simply buying the property. There are advantages to this and here are the basics for leaseholds! Firstly when signing a leasehold agreement be certain that the person you are signing an agreement with is the owner of the property. If it is not the owner of the property then you need to ensure that he has the right to sub-lease the apartment, villa or industrial complex to you. Many agreements do not allow for sub-letting so you need to ensure that your lawyer in Chiang Mai or anywhere in Thailand looks at the original agreement if you are sub-leasing.

Leasehold agreements fall under the Civil and Commercial Code of Thailand and this under the title of Hiring Property in Thailand. The basic of the code are simple enough:

1. The term of the agreement may not exceed 30 years;

2. The agreement has to be in writing.Verbal agreements will not be enforceable;

3. If the agreement is longer than 3 years, it must be registered with the Land Department;

4. Ensure that sub-letting clauses are covered in the agreement.

Leasehold agreements are complex as many people want to lease say a condominium for 10 years and then have the option to buy it at a fixed price which can be calculated and agreed to now. If you are looking at adding any addendum to the leasehold then it is best to speak to a lawyer to ensure that you will be able to enforce any of the clauses later. Speak to any of our lawyers in Chiang Mai or anywhere in Thailand as we have offices in all the major cities in the Kingdom.

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Drafting a Will in Thailand

Drafting a Will in Thailand

Many expats who retire in Thailand or retire in Chiang Mai tend to get married again. This adds another dimension to their estate as they just might consider drafting a will in Thailand for the benefit of those here. Many expats tend to sell their properties in the West when they move to Thailand and then buy property in Thailand again. Many do get married again and some may wish to leave the property and their personal effects to their Thai wife, children or for those who do not get married again they might simply leave the property to a relative back home in the West. If your will was drafted in the West and your estate is being woundup in the West then you would normally require a court procedure in Thailand to have the last will and testament executed in Thailand.

Drafting a Will in Thailand

Most expats simply consult a local lawyer with a reputation to have the will drafted in Thailand and in the event of their death to ensure that the property to disposed off according to their last will. This has many advantages as a local lawyer in the event of your death might be better at it than a lawyer back home. This can be seen in many events in Thailand when the flag was raised when expats have been killed by their spouse. A local lawyer would have known about it however someone far off in the West would have had no idea that there might have been foul play. Finding a lawyer in Chiang Mai or Thailand with a good reputation usually sets their minds at ease that in the event of death at least someone would be able to launch an investigation if required to do so. Local knowledge is always better when it comes to estates.

If you are going to be moving to Thailand then speak to any of our lawyers in any of the major tourist cities in Thailand. With offices in Bangkok and as far South as Phuket and North as far as Chiang Mai we are able to offer you a cost effective and professional service. We did not become the largest legal services network in Thailand by being second best.

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