Rayong · Pattaya · Chonburi · Bangkok · Chiangmai
Frequently Asked Legal Questions
Answers to common legal questions from foreign residents, expatriates, and investors living in Thailand. If your situation isn't covered, contact our firm directly.
Criminal Law & Bail
Bail in Thailand allows a defendant to be temporarily released while awaiting trial. The court determines the amount of security required based on the seriousness of the offence and flight risk. Bail may be granted in the form of cash, assets, or a guarantor. Read more.
Yes. Foreign nationals have the same fundamental right to apply for bail as Thai citizens, though courts often require higher security amounts and may impose travel restrictions.
Authorities may detain a suspect for up to 48 hours for investigation before requiring a court order for further detention. You are entitled to legal counsel during this window.
Civil & Family Law
The duration depends on complexity, court schedules, and whether mediation resolves the dispute early. Some cases conclude within months, while more complex matters may take longer. Read more.
Marital property acquired during the marriage is generally divided equally under Thai law, subject to any prenuptial agreement in place.
Custody decisions are based on the best interests of the child, considering each parent's circumstances and ability to provide care.
Uncontested administrative divorces can be completed quickly. Contested divorces requiring court proceedings take longer, depending on complexity.
Business & Investment Law
Foreign ownership may be restricted under the Foreign Business Act. However, certain exceptions apply, including Board of Investment (BOI) promotion or specific treaty privileges. Proper legal structuring is essential. Read more.
A common benchmark is 2 million THB in registered capital per foreign work permit, alongside required Thai employee ratios.
Generally not freehold. Foreigners can, however, hold property through several lawful routes. The table sets out what each route allows and the main limit to check before you pay anything.
| Route | Can a foreigner hold it? | What to know |
|---|---|---|
| Freehold land | Generally no | The Land Code (s.86) restricts foreign acquisition of land to narrow statutory exceptions, such as certain approved investments. It is not a route for an ordinary buyer. |
| Condominium unit | Yes, within the quota | Foreigners may hold up to 49% of the total unit area of a registered condominium (Condominium Act). The purchase funds must be remitted from abroad in foreign currency, with the bank evidence kept for the Land Office. |
| House or building | Yes, the structure | A foreigner may own a building, but not the land beneath it. The right to occupy the land needs its own legal basis, such as a lease, usufruct or superficies. |
| Registered lease | Yes | A lease of immovable property cannot exceed 30 years (Civil and Commercial Code s.540) and must be registered at the Land Office. Renewal clauses are only as strong as the contract and the registration. |
| Usufruct | Yes | A registered right to use and take the benefit of land, granted for life or for a fixed term of up to 30 years (CCC s.1417). It is personal to the holder and ends with the term or on death. |
| Superficies | Yes | A registered right to own structures on another person's land (CCC s.1410), for a fixed term or for life. Its transferability and inheritance depend on the terms registered. |
| Thai company | Only if genuinely Thai-controlled | A company whose shares or voting power are held half or more by foreigners is treated as foreign for land purposes. Nominee shareholders breach the Foreign Business Act and put the property at risk. |
| Land in a Thai spouse's name | No, the land belongs to the spouse | A foreign spouse has no ownership, and the Land Office commonly asks the foreign spouse to declare that the funds are the Thai spouse's separate property. Protection has to be arranged separately. |
General information as of October 2026, not legal advice. Thresholds and Land Office practice change, so have the specific property and structure checked before you commit.
Related: Property due diligence · Condominium foreign quota guide
Legal Documents & Notarization
Many documents intended for use overseas require notarization by a Notarial Services Attorney in Thailand before being recognised by foreign authorities.
A valid Thai Will must meet specific execution formalities under Thai law. We assist with drafting Thai-compliant wills to ensure proper distribution of assets and simplify probate.
Other Legal Questions
Walailak Law Firm provides legal representation for both foreign and local clients in Rayong and across Thailand. We assist individuals and businesses in areas such as criminal litigation, civil disputes, family law, company registration, real estate transactions, arbitration, and legal document services. We encourage prospective clients to contact us with a brief summary of their situation so we can confirm whether we're able to assist.
While not every matter requires a lawyer, legal representation significantly reduces risk in areas involving contracts, property, criminal charges, or court proceedings — particularly for foreign nationals unfamiliar with Thai procedures.
We accept bank transfer and other standard payment methods. Fee structures and payment terms are discussed transparently before proceeding with any matter.
Contact us directly via WhatsApp, Line, phone, or the contact form with a brief summary of your matter, and we'll respond with guidance and next steps within 15–60 minutes during office hours.