What are the grounds for divorce? 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 Amphur 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 are 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 person as a spouse allowing your spouse to file for divorce;
2. If your spouse has committed misconduct that has left you ashamed, insulted, or hated.
3. Your spouse has created harm or torture to your body or mind by her conduct;
4. Your spouse has deserted you for more than a year or sent to prison for more than a year.
5. Your spouse has not lived with you for more than 3 years due to conflicts between each other;
6. Your spouse is considered by the police to have disappeared and missing for more than 3 years;
7. If you have not provided support as a spouse and your spouse may file for a divorce;
8. Your spouse is insane and has been this way for more than 3 years.
9. That your spouse has broken the bond of good behavior during the course of the marriage;
10. Your spouse suffers from an incurable illness that is transmittable;
11. Your spouse suffers from a physical disadvantage that does not allow for you to live together.
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 as 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.
The information contained on our website is for general information purposes only and does not constitute legal advice.