Insanity and divorce makes for a very complex legal battle as the courts need to judge the person incompetent and also make a ruling as to a guardian and living allowance for the person. It is best to speak to a family lawyer in Thailand when it comes to insanity or any other mental illness when getting divorced from someone who has been declared insane or incompetent or someone who is only suspected of being insane or incompetent. Either way it is a lengthy and complex legal issue to manage.
Under the grounds for divorce in Thailand insanity is one of the grounds on which a divorce may be granted. If the matter is taken to court under Section 1519, the courts will decide if the spouse is insane or not. If your spouse is ruled to be insane and she has no guardian the courts will rule on a living allowance for your spouse based on both your incomes and suspend the application for the divorce until a legal guardian has been appointed for her. The ruling with regard to maintenance for your insane spouse is only going to be final when the divorce is granted and the ruling made.
Normally you would apply for court for a ruling under Section 28 of the Civil and Commercial Code to have your spouse declared insane or of unsound mind. Once this ruling has been made and a legal guardian appointed you can apply for your divorce on this bases. Most times in Thailand these applications are done together. It stands to reason that an insane person would not be able to defend themselves during a divorce and that if found to be insane, a guardian needs to be appointed to look after her legal interests.
If however the Section 28 application fails and the courts find your wife to be sane and of sound mind then you cannot apply to court for a divorce based on insanity. If both applications had been made you would have to withdraw the divorce application citing insanity as the reason for divorce. No divorce based on insanity can be completed without a guardian being appointed under Section 1463 of the Act and the person having been judged insane by the courts.
The issue of insanity is very rare in Thailand and if you suspect that you wife is insane or suffers from any mental illness and are having her declared insane or incompetent then it is always best to use a good law firm in Thailand. Considering the complex issues these normally take months if not more than a year to complete and can be very costly as expert witness need to be called and hospital reports need to be submitted. Speak to us today via email or call us toll-free or better yet walk into our offices in Bangkok for further assistance.
The information contained in our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.