Grounds for Divorce in Thailand
When the marriage has turned the other way and no matter how much effort the spouses exert to keep the marriage intact, there are times when nothing will work and the best solution the spouses feel is the right thing to do is file a divorce. This resort is accepted in Thailand and there are laws which provide guidelines on settling disputes and the various arrangements once the divorce is granted.
Divorce in Thailand can only be constituted either by mutual consent of the spouses or Court intervention. If the parties choose to severe the marriage ties by mutual consent, the same must be made in writing and signed in the presence of at least two witnesses, who will certify to the authenticity of the divorce agreement. The right of one spouse to cause the filing of a divorce shall be terminated if there is evidence or declaration of forgiveness from said spouse on the action which is the basis for the divorce. In addition, no divorce shall be granted if the Court establishes the fact that there was connivance between the spouses or consent was freely given by one spouse to the other to execute the acts which become the basis for the divorce.
Section 1516, Title I of the Civil and Commercial Code of Thailand provides that “Grounds for divorce” are as follows:
- The husband has given maintenance to or honored such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;
- One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offense or not, if it causes the other:
- to be seriously ashamed;
- to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
- to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;
- One spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;
- One spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
- one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offense committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;
- the husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
- One spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
- One spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
- One spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
- One spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;
- One spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
- One spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.
When filing for an action for divorce, it is recommended that the spouse secures the legal services of a reputable lawyer from a commendable law firm who seeks to protect the rights and interests of its clients.
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