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Family & Succession

Family and inheritance matters are decided on documents and deadlines, not on who was in the right.

What makes this group different is that the other party is family, and the matter runs alongside everyone's feelings about it. What drags these cases out is rarely the law. It is starting too late, and having nothing in writing to show what was agreed.

The deadlines here are shorter than most people expect. A claim to an estate runs for one year from learning of the death. Divorce on certain grounds runs from the day the ground became known. Maintenance can be claimed for the past only to a limited extent. A matter left for years usually has far fewer options left.

We act for those who want the matter settled by agreement and for those who have to litigate, including families where one spouse is foreign, which adds steps for document legalisation and immigration status.

What this group covers

  • Divorce and marital property: divorce by consent and contested divorce, with division of assets and debts between spouses.
  • Custody and maintenance, including contact rights and enforcement when the other parent does not comply with a court order.
  • Wills and estate administration: drafting a will, appointing an administrator, distributing an estate, and disputes between heirs.
  • Thai-foreign families: marriage registration, prenuptial agreements, legalisation of documents for use abroad, and the effect on immigration status.

Which court hears these

Family matters are heard in the Juvenile and Family Court, which follows a different procedure from the ordinary civil courts: lay judges sit with the bench, and mediation comes first. Where children are involved the court applies the best interests of the child, not the wishes of the parents.

Estate matters are generally heard in the civil court for the deceased's domicile, except where they turn on family status.

What to do before it escalates

  • Collect the title documents for each asset and evidence of when it was acquired — before or during the marriage — which decides whether it is personal or marital property.
  • Record the date you learned of the ground for divorce, and the date you learned of the death. Those dates start the clock.
  • Do not transfer or dispose of anything that may be marital property or part of an estate before taking advice; it can be set aside and becomes an issue in the case.
  • If agreement is reached, put it in writing and register it where the law requires. Verbal arrangements between relatives are not enforceable when a dispute arises.
  • If your spouse is foreign, check how many stages of legalisation the destination requires before starting.

This page is general information, not advice on your situation. Family matters turn heavily on their own facts, and carry deadlines that cannot be repaired afterwards. Take advice early and bring what documents you have.

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Tell us what you are dealing with. We will say plainly whether it is something we handle, what it involves, and what it costs.

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