Defending a divorce requires you to seek advice and guidance from a family lawyer in Thailand. The most common divorce issues in Thailand tend to be extra-marital affairs. Gambling debts and unrealistic expectations from close family members will follow. You would normally defend a divorce as most times there would also be a claim for damages. This is where legal advice becomes paramount.
Defending a Divorce
The most common grounds for divorce is an extra-marital affair. This grounds for divorce is highlighted in Section 1516 of the Civil and Commercial Code in Thailand. It also extends to Section 1516 (1) where you are maintaining another man or woman as a wife or husband and Section 1516 (2) where your behaviour has become an embarrassment to your spouse.
Thai culture however is not the same as Western culture. There is still prevalence in Thailand of having a minor wife (mia noi). This could be the reason for the application for a divorce. Having said that however if consent had been given then this may act as a defence in divorce proceedings.
Another less common problem would be illness. In terms of Section 1516 (9) you may file for a divorce if your spouse has a transmittable and incurable illness. The only defence in this matter would be that you had been given the illness by the other party being your spouse. You also need to consider the issue of damages in a divorce and compensation for these damages. Speak to a divorce lawyer in Bangkok or Phuket for more information as to your best defense during a complex divorce.
The last issue with defending a divorce is a much broader application of the law being Section 1516 (8) of the Civil and Commercial Code. This states that the divorce is applied for on the bases that you have broken the good bonds of marriage and behavior. This is commonly used when the above does not suffice. So added in to any of the more common divorce reasons. From a court in Isaan many years ago came a very interesting use of the section where it was part of a divorce proceeding. See also the Damages in Divorce as well as the property and divorce in Thailand.
Where ‘good bonds of marriage’ and ‘good behavior’ was coupled to the fact that the expat refused to continually provide cash to his in-laws. So that he was creating an embarrassment for his wife. As stated you will need the services of a good local attorney during divorce proceedings. These tend to be costly and at times the law is stretched to its limits in terms of legal definitions.
Browse this website and see the articles on grounds for divorce, child custody. Also damages which you can also sue for. Property, money and gambling outside of extra marital affairs. These tend to be the main instigators for divorce in Thailand. Obtain proper legal advice and ensure that you fully understand the basic of family law in Thailand. This website contains more information to prepare you for a divorce in Thailand and its complexities.