Question 1

Who is allowed to represent me in a Thai court?

Accepted Answer

Only a lawyer licensed and registered with the Lawyers Council of Thailand under the Lawyers Act B.E. 2528 (1985) may draft pleadings and appear for another person in a Thai court. You may represent yourself, but you cannot appoint a non-lawyer to argue for you. Foreign legal consultants may advise on foreign law and transactions but have no right of audience in Thai courts. Ask for the licence number and verify it with the Lawyers Council (lawyerscouncil.or.th). Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 2

What is the general limitation period for civil claims in Thailand?

Accepted Answer

Section 193/30 of the Civil and Commercial Code sets a default limitation period of ten years where no other period is prescribed. Many claims are far shorter: a tort claim under Section 448 must be brought within one year of the injured party learning of the wrongful act and the identity of the person liable, and in any event within ten years of the act. Merchants' claims for goods and services under Section 193/34 are shorter still. Never assume ten years applies — the period follows the nature of the claim. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 3

Can I recover a debt in Thailand without a written contract?

Accepted Answer

Often yes, but proof becomes the whole case. Bank transfer slips, chat messages, invoices, delivery notes and part-payments can establish the obligation. Note that Section 653 of the Civil and Commercial Code requires written evidence signed by the borrower to sue on a loan of money above the threshold set in that section, so informal cash lending is the hardest scenario. A written demand letter is also usually needed to place the debtor in default under Section 204 before interest and damages run. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 4

I have been summoned by Thai police. What are my rights?

Accepted Answer

Under Section 7/1 of the Criminal Procedure Code a suspect may meet and consult a lawyer in private and may have a lawyer or a trusted person present during questioning. Section 134 requires the inquiry officer to inform you of the allegation and your rights before taking a statement, and you may remain silent. If you do not understand Thai, an interpreter is required under Section 13. Read the record fully before signing — the Thai text is the version that counts. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 5

How does bail work in a Thai criminal case?

Accepted Answer

Provisional release is the starting principle under Sections 107 to 108/1 of the Criminal Procedure Code, and refusal must rest on statutory grounds such as flight risk or interference with evidence. Security can take several forms — cash, land title deeds with a valuation, bank passbooks with a bank certificate, a bail insurance bond, or in some cases a government official's position. Amounts follow the Office of the Judiciary's standard schedule for the offence charged, which is revised periodically, so confirm the current figure with the court hearing the case. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 6

Does my embassy get involved if I am arrested in Thailand?

Accepted Answer

Article 36 of the Vienna Convention on Consular Relations 1963, to which Thailand is a party, gives you the right to have your consulate notified and to communicate with consular officers. In practice a consulate can visit, notify family, and provide a list of local lawyers, but it cannot intervene in Thai proceedings, pay bail, or secure release. Practical defence still depends on a Thai-licensed lawyer and a qualified interpreter at every stage. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 7

What are the grounds for divorce in Thailand?

Accepted Answer

An uncontested divorce is registered at a district office under Section 1514 of the Civil and Commercial Code, in writing and signed by at least two witnesses. A contested divorce must be filed in the Juvenile and Family Court and must fit one of the statutory grounds in Section 1516, which include maintaining or honouring another person as a spouse, serious misconduct, physical or mental cruelty, wilful desertion for more than one year, and living separately for more than three years because the couple cannot cohabit peacefully. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 8

Will a Thai divorce be recognised in my home country?

Accepted Answer

That is decided by your home jurisdiction, not by Thailand. Most countries accept a Thai divorce certificate once it has been legalised — typically translated into English, certified by the Legalization Division of the Department of Consular Affairs, Ministry of Foreign Affairs, and then by your embassy where required. Some countries additionally require a court registration step. Confirm the receiving authority's requirements before you register the divorce, because fixing the paperwork afterwards is slower than doing it in the right order. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 9

Who gets custody of children after a divorce in Thailand?

Accepted Answer

In an uncontested divorce, Section 1520 of the Civil and Commercial Code lets the spouses agree who exercises parental power; without agreement the court decides. In a contested case the court decides on the welfare and best interests of the child. The duty to maintain a child under Section 1564 continues regardless of who holds parental power. Put maintenance amounts, payment dates and visitation in the divorce agreement or judgment in enforceable terms — vague wording is the most common reason enforcement later fails. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 10

Is a prenuptial agreement valid in Thailand?

Accepted Answer

Yes, if it follows Section 1466 of the Civil and Commercial Code: the terms must be entered in the marriage register at the time of registration, or made in writing signed by both spouses and at least two witnesses and attached to the register with a note recorded that an agreement is attached. It cannot be made after the marriage is registered, and terms contrary to public order — or a clause applying foreign law to matrimonial property — are void under Section 1465. Prepare a Thai text alongside the English one before the registration appointment. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 11

Should a foreigner make a separate Thai will?

Accepted Answer

A separate Thai will covering only Thai-situated assets is usually the practical choice: Thai banks, the Land Department and the courts work far faster with a Thai-language will in one of the forms allowed by Sections 1655 to 1672 of the Civil and Commercial Code. State clearly that it covers Thai assets only and does not revoke wills made elsewhere. Remember that restrictions on land ownership by foreigners under the Land Code apply to heirs as well, so land needs specific planning rather than a general bequest. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 12

Why does a Thai estate need a court-appointed administrator?

Accepted Answer

Banks, the Land Department and the Department of Land Transport generally will not release or transfer a deceased person's assets without a court order appointing an estate administrator. Section 1713 of the Civil and Commercial Code allows an heir or interested person to petition the court where the heirs cannot administer the estate together, where there is an obstacle to administration, or where the will so provides. Act quickly: Section 1754 generally bars inheritance claims one year after death or after the heir knew of it, with a ten-year long stop. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 13

What severance is an employee entitled to in Thailand?

Accepted Answer

Section 118 of the Labour Protection Act B.E. 2541 (1998) sets severance in bands by length of service, from employees with at least 120 days of service up to the highest band for twenty years or more, which was added by the Amendment (No. 7) B.E. 2562 (2019). Severance is calculated on the last wage rate and is separate from payment in lieu of notice under Section 17. No severance is due where Section 119 applies, for example dishonesty or wilful damage to the employer. Confirm current bands with the Department of Labour Protection and Welfare (labour.go.th). Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 14

Do I pay court fees to sue in the Thai Labour Court?

Accepted Answer

No. Section 27 of the Act on Establishment of and Procedure for Labour Court B.E. 2522 (1979) exempts labour cases from court fees, so an employee can file without paying a filing fee. Labour procedure is deliberately fast and conciliation-focused, and the court will attempt settlement early. An alternative route is a complaint to a labour inspector under Section 123 of the Labour Protection Act, but you must choose one channel for the same right rather than running both. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 15

Which language should govern a bilingual Thai-English contract?

Accepted Answer

If disputes will be heard in a Thai court, documents must be filed with a Thai translation, and naming the Thai text as governing removes an entire layer of argument about meaning. If the deal is negotiated in English and disputes go to arbitration abroad, an English governing text is reasonable. What you should never do is give both versions equal force with no tie-breaker — that turns every ambiguity into a second dispute. We prepare matched Thai and English counterparts with an agreed terminology table. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

Question 16

Can a foreign court judgment be enforced in Thailand?

Accepted Answer

Not directly. Thailand has no general statute for recognising and enforcing foreign civil judgments and is not party to a treaty requiring it, so a judgment creditor normally has to sue afresh in a Thai court, using the foreign judgment as evidence. Foreign arbitral awards are treated very differently: they are enforceable under the Arbitration Act B.E. 2545 (2002) because Thailand is a party to the 1958 New York Convention. That difference should drive the dispute resolution clause you sign in the first place. Talk it through with our Thai-licensed lawyers by phone, LINE or email before you act.

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