If you have received notice that your Thai wife is wanting a divorce and that she may also have filed for compensation then you have to defend yourself in the Thai courts. There are a number of issues in Thailand but there are normally also a defense during these times. Most divorces in Thailand tend to revolve around gambling debts or extra-marital affairs in Thailand.
The most common being an extra-marital affair which is usually filed as grounds for divorce in terms of Section 1516 of the Civil and Commercial Code in Thailand. This being Section 1516 (1) which is maintaining another woman as a wife or Section 1516 (2) being that you have committed misconduct which has left her embarrassed and insulted.
Another less common ground for divorce would be Section 1516 (9) which is when a divorce is filed for because the one party has an incurable illness that is transmittable. The only grounds for defence in this case would be if your wife gave you the illness and you are able to prove this in court. See the article on compensation for divorce on this website for more details. Always speak to a divorce lawyer in Thailand about your divorce as they do become very complicated as most times the other party always wants compensation.
The less common issue which people do use is Section 1516 (8) of the Civil and Commercial Code as the sub-section is very wide in definition. This states that you can file for divorce as the other party has broken the bond of good behaviour. This could relate to anything and normally the courts would want further details as they will not allow this to be abused over small issues. If you have been served with divorce papers then you need to ask your divorce lawyer in Thailand under which section of the Civil and Commercial Code she had filed for divorce.
Divorce law in Thailand can be costly and time consuming. If you are wanting to defend a divorce then speak to our family lawyer about the best options available as these tend to be very lengthy and can take more than a year to complete if there are children or substantial amounts of property involved. If you have a prenuptial agreement then this may help shorten the negotiation process as you have the upper hand to the property and can use this for leverage. Either way you can email us for more information to any of your questions or see more articles on this website in the family law section.
The information contained in our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.