Defending a divorce in Thailand can be costly. If you have received notice that your Thai wife is wanting a divorce. Note 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 is 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. This 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. Also, Section 1516 (2) being that you have committed misconduct that has left her embarrassed and insulted.
Another less common ground for divorce would be Section 1516 (9). This is when a divorce is filed because one party has an incurable illness that is transmittable. The only grounds for defense, in this case, would be if your wife gave you the illness. You will need to be 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. Most times the other party always wants compensation. Defending a divorce does become complex.
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 the definition. This states that you can file for divorce as the other party has broken the bond of good behavior. 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 the property involved.
If you have a prenuptial agreement then this may help shorten the negotiation process. You would have the upper hand in the property and can use this for leverage. Either way, you can email us for more information on any of your questions or see more articles on this website in the family law section.
The information contained on our website is for general information purposes only and does not constitute legal advice.
The ending of a marriage in Thailand occurs under 3 conditions such as at death, divorce or an annulment of marriage.
If you are considering filing for divorce in Thailand you need to see the grounds for divorce in Thailand.
Disputed divorces can be a lengthy and very costly affair in Thailand as the courts are full and the time allocated normally long off.
If you are getting divorced in Thailand by mutual agreement, you have to have a signed divorce agreement to hand to the local Amphur.