Divorce and compensation usually ends in litigation. Depending on your grounds for divorce you may also be able to file a claim for compensation 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 for more information and guidance with regards to a compensation claim during your divorce in Thailand.
Divorce and Compensation
If your grounds for divorce in Thailand is that of adultery under Section 1516 (1) which states that the grounds for divorce can be granted on the bases 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 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 takes many months to complete.
Under Section 1524 of the Act if you are getting divorced under Section 1516 (3) (4) or (6) being that your wife has disappeared or has created bodily or mental torture with the intention to make you suffer as a reason for the divorce you can claim compensation for this in the Thai courts. 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.
Note that compensation for a divorce in terms of Section 1525 can either be a once 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. Also note that this can be a costly affair as the courts will require proof of the extra-marital affair and 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 picture and/or video proof of the extra-marital affair.
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. Only Section 1526 allows for the person who is not at fault to file for compensation 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 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.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.