Insanity & Divorce

Insanity and divorce make for a very complex legal battle. This as the courts need to judge the person as incompetent and also make a ruling as to a guardian. This as well as a 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. This when getting divorced from someone who has been declared insane or incompetent. Also, 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. This 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. Speak to our very friendly Thailand family lawyer as the issue is very complex.

Normally you would apply for court for a ruling under Section 28 of the Civil and Commercial Code. This 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 basis. Most times in Thailand these applications are done together. It stands to reason that an insane person would not be able to defend themselves. This 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 the 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. This under Section 1463 of the Act and the person having been judged insane by the courts.

In Conclusion

The issue of insanity is very rare in Thailand. If you suspect that your 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 witnesses need to be called and hospital reports need to be submitted.  There is also the issue of child alimony if there are children as well as spouse support. 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 here is for general purposes only and does not constitute legal advice.