The ending of a marriage in Thailand occurs under 3 conditions such as at death, divorce or an annulment of marriage. The grounds for divorce in Thailand is limited to certain conditions. Note that to have your marriage annulled has a different set of conditions than a normal divorce. See the pages on annulment in Thailand on this website. Divorce can occur by mutual consent which is easy and reasonably straightforward which is completed at the Amphurs office in Thailand. The alternative when the divorce becomes contested, the case will begin at the Family Court in Thailand.
The grounds for divorce in Thailand is covered under the Civil and Commercial Code of Thailand being Section 1516 of the Act. You may file for a divorce in Thailand if:
|1.||You have been maintaining another woman/man as a wife/husband allowing your foreign or Thai wife/husband to file for divorce or your wife/husband has committed adultery;|
|2.||Your wife/husband has committed misconduct which has left you ashamed, insulted or hated in the community. Note that the misconduct need not be criminal in nature;|
|3.||Your wife/husband has created harm or torture to your body or mind by her conduct;|
|4.||Your wife/husband has deserted you for more than a year which also includes being sentenced to prison for more than a year.|
|5.||Your foreign or Thai wife/husband has not lived with you for more than 3 years due to conflicts between each other;|
|6.||Your foreign or Thai wife/husband has been considered by the police to have disappeared and has been missing for more than 3 years;|
|7.||If you have not provided support and maintenance as a wife/husband your wife/husband may file for a divorce;|
|8.||Your wife/husband is insane and has been this way for more than 3 years. Speak to a divorce attorney in Thailand about the definition of insanity in Thai courts;|
|9.||Your wife/husband has broken the bond of good behaviour during the course of the marriage;|
|10.||Your foreign or Thai wife/husband suffers from an incurable illness which is transmittable and makes the existence of the marriage impossible.|
|11.||Your wife/husband suffers from a physical disadvantage which does not allow for you to live together as husband and wife.|
The grounds for divorce in Thailand are very wide and some of the conditions such as (9) can be widely open to interpretation when you file for divorce. Many expat divorces in Thailand tend to be extra-marital affairs and/or gambling addictions. The courts in Thailand do use Section 1517 to determine if the act is minor or serious enough for a divorce. Note however that you cannot file for divorce due to an extra-marital affair as in (1) or misconduct (2) if you consented or your wife consented to the other being allowed to have a mia noi or knowingly permitted the misconduct as in (2) to occur. Section 1517 makes this very clear that this cannot be used for a grounds for divorce where consent had been given for the behavior.
If you have any questions about the grounds for divorce in Thailand then email us for more information and we will reply with the most cost effective solution for you.
The information contained in our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.