Grounds for Divorce in Thailand can be complicated. If you are looking at a divorce in Thailand you will need to speak to a lawyer in Thailand for proper legal advice and guidance. There is the option of a divorce settlements with a Thai woman which is always an option by agreement which is faster and more cost effective. If you are looking at a no fault divorce in Thailand then legal advice is needed.
Grounds for Divorce in Thailand
The Civil and Commercial Code of Thailand has stated numerous grounds for divorce in Thailand, as listed below with some elaborations for each ground:
- The husband has taken and maintained another as his wife, or the wife has committed adultery
- This refers to extra-marital relationships for either or both parties, and the innocent spouse has the right to file a complaint in court.
- A spouse is found guilty of misconduct, and cause: serious shame to the other spouse, insult or hate in regards to her continued marriage with the other spouse, and sustains injury or difficulty where the condition, position and being under one roof together as husband and wife should be taken into consideration.
- Misconduct of a spouse cannot be considered as a solid ground for divorce and the gravity of the shame, insult, hate and injury felt by the injured party should qualify.
- One spouse has caused serious harm to the other, or tortured the other physically or mentally, or has caused serious insult to the other spouse or his ascendants.
- This pertains to two grounds: the physical and mental abuse committed by one spouse, and the serious insult that the guilty spouse has inflicted against the parents of the injured spouse. Respect for the elders is very essential in Thai society.
- One spouse has deserted the other spouse for more than a year; or has been sentenced by a final judgement and has been imprisoned for a year without the knowledge, consent and participation of the other spouse regarding the offence committed by the other; or both spouses have voluntarily decided to live separately for at least three years for being unable to live together peacefully, or they have lived separately for more than three years by order of the court.
- One spouse has been deemed as to have disappeared for at least three years, with uncertainty to whether the spouse is still alive or dead.
- In this case, the present spouse can come up in court and file a petition for presumptive death of the other spouse.
- One spouse has failed to provide maintenance to the other for a year, or has committed acts adverse to the relationship.
- One spouse has been suffering an incurable insanity for the last three years.
- The party bringing up this ground should have the capability to prove this allegation by the use of medical diagnosis and testimonies from unbiased witnesses.
- One spouse has broken the pact of good behaviour.
- This refers to the agreement entered into by both parties prior to getting married. The parties may draw lines and rules on what is to be considered as good behaviour during marriage.
- One spouse has been suffering from a contagious and dangerous disease which is incurable and may cause harm to the other spouse.
- One spouse has a physical disadvantage which makes him or her permanently unable to live together with the other spouse.
- The physical disadvantage referred to here is the sexual incapability of one or both parties, making it impossible to accomplish the possibility of raising a family.
Always take proper advice form a divorce lawyer in Thailand as the grounds for divorce in Thailand can become complicated. There are a good number of defences when it comes to the grounds for divorce in Thailand and you will need to understand these if you are being divorced and not the applicant in the matter. Speak to a lawyer in Bangkok for assistance.