Divorce and Compensation

Divorce and compensation or filing for damages in a divorce usually end in litigation. Depending on your grounds for divorce you may also be able to file a claim for compensation. This under a number of conditions as has been laid out by the Commercial and Civil Code of Thailand. You would be best served to contact and speak to our family lawyer in Thailand. You may need more information and guidance with regards to a compensation claim during your divorce in Thailand.

If your grounds for divorce in Thailand is that of adultery under Section 1516 (1). This states that the grounds for divorce can be granted on the basis that your wife or husband has or is having an extra-marital affair. According to CCC Section 1523, you can file for a claim of compensation or a damages claim. Not only against your wife/husband but also against the person she/he has had the extra-marital affair with.

Some prefer to use this process more as a negotiating tool. This in order to get a better settlement in order not to file a compensation claim. Again, you need to speak to a family lawyer in Thailand about this. Note also that you cannot file for compensation if you gave your Thai wife or husband permission to have a girlfriend (mia noi) or boyfriend. See also the article on “Grounds for Divorce” as permission does not allow you to use the transgression as a reason for the divorce in the first place. Divorce and compensation in Thailand take many months to complete.

Some of the most common questions have been,  is adultery a crime in Thailand as well as adultery in Thailand and finally, compensation for divorce. These are complex issues and you will need to see what the law says about adultery under grounds for divorce. This is explained there in much greater detail. As for compensation for divorce. Read further and ask us online for further advice and direction. See also divorce assets and divorce debts in this regard and then speak to our divorce lawyer in Thailand. 

Under Section 1524 of the Act if you are getting divorced under Section 1516 (3) (4) or (6). This being that your wife has disappeared or has created bodily or mental torture. This with the intention to make you suffer as a reason for the divorce. You can claim compensation for this in the Thai courts.

Section 1516

(3) Where one party has harmed or physically or mentally abused or insulted the other party or ascendents;

(4) Where one party willfully deserted the other party for more than one year; or

(4.1) Sentenced by a final judgement to imprisonment and has been imprisoned for more than one year;

(4.2) Voluntarily lived apart as they are unable to live peacefully for more than three years;

(6) Provide proper assistance and maintenance to the other party or committed a detrimental act.

Note that compensation for divorce in terms of Section 1525* can either be a one-off payment or paid in installments as the court may determine. As stated above it can also be used for leverage as the compensation would normally be deducted out of the community of property share of your wife/husband if you have filed the compensation claim.

Section 1525*

Compensation under section 1523 and section 1524 shall be decided by a court according to the circumstances. In this regard, the court may order for a lump sum payment or installment payments.

Also, note that this can be a costly affair as the courts will require proof of the extra-marital affair. This means that the lawyer would have to hire an investigator to obtain the proof.  Top-notch investigators in Thailand do not come cheap but the quality of their work is what you would expect in the West providing pictures and/or video proof of the extra-marital affair.

If your wife/husband has disappeared or you have not lived together as husband or wife for more than 3 years because of it being her/his fault then most times the claim is to secure the property such as a car, house, or condominium in Thailand in her absence. Once again it does become very complex filing for divorce and compensation if the person has disappeared. Speak to our family lawyer about this.

Living allowances can also be asked for in certain circumstances as lined out in Section 1527. Such as getting divorced under Section 1516 (7)* insanity or (9)* having an incurable transmittable illness. In terms of Section 1527 the person may file for a living allowance due to their illness or condition. Notice that there is no need for fault in this provision. You can also view spousal support.

Section 1516

(7)* This i where one of the parties has been of unsound mind for more than three years and this is hard to cure and  makes living together intolerable, the other party may bring an action for divorce.

(9)* Where on of the partied has a serious communicable disease which can cause injury to the other party and it is also a chronic condition and incurable, the other party may bring an action for divorce.

Section 1527

If a divorce is due to unsoundness under section 1516 (7) – see above or a serious communicable disease under section 1516 (9) – see above, the other spouse shall pay living allowances for the party of unsound mind or the party who has a serious communicable disease

Only Section 1526 allows for the person who is not at fault to file for compensation. This by way of a living allowance if the divorce will leave them destitute. Note however that in terms of Section 1528 if the person gets married again the right to a living allowance stops. Again speak to our family lawyer in Thailand about your divorce in Thailand and how best to settle the matter in the most cost-effective manner. Divorce and compensation can become very costly so take this into account.

Section 1526 

In a divorce, if the cause of the divorce is due to either spouse’s fault solely and the other party becoming more destitute because of having insufficient income such other party may request the liable party to pay living allowance.

Section 1528

If the party receiving a living allowance has married again, the right to receive a living allowance shall be extinguished.

See the full page on Thai divorce law as well as grounds for divorce in Thailand. Speak to our thailand family lawyer for more advice. If you are Islamic and whish to get divorced then you will need a talaq divorce lawyer for this process as well. 

The information contained on our website is for general information only and does not constitute legal advice.