Home / Divorce / Divorce Requirements

Divorce Requirements

If you are getting divorced in Thailand then you should speak to a divorce lawyer in Thailand who can provide you with proper legal advice as the divorce courts in Thailand are very slow and the process can be costly. Ending a marriage can occur either by the death of your spouse, an annulment or by divorce.

Should your marriage end in divorce this can be either by mutual consent which is fast and not very costly or it may end in litigation which is costly. The conditions for a divorce in Thailand is prescribed by the Civil and Commercial Code of Thailand and are listed as follows:

300shadow

One spouse has given maintenance to or honored such other as their spouse, has committed adultery or habitual sexual relations with other, the other spouse may enter a claim for divorce;

300shadow

300shadow

One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:

(a) To be seriously ashamed;

(b) To be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct;

(c) To sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;

 

300shadow

300shadow

One spouse has caused serious harm or torture to body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;

300shadow

300shadow

One spouse has deserted the other for more than one year, the latter may enter a claim for divorce;

(a) One spouse had been sentenced by final judgment of the court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;

(b) The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the court, either spouse may enter a claim for divorce;

300shadow

300shadow

One spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead, the latter may enter a claim for divorce;

300shadow

300shadow

One spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband or wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;

300shadow

300shadow

One spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the latter may enter a claim for divorce;

300shadow

300shadow

One spouse has broken a bond of good behavior by him or her, the other spouse may enter a claim for divorce;

300shadow

300shadow

One spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may enter a claim for divorce;

300shadow

300shadow

One spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.

300shadow

Note however that there are also legal defences for most of these grounds for divorce and you need to read the page of defending a divorce in Thailand. There are the more common defences against adult where consent was given or there is no proof for spousal abuse and criminal charges had never been laid. Speak to a divorce lawyer in Thailand for more information and guidance.

Check Also

Prenuptial Agreements

Divorce Lawyer in Thailand

If you are going to get divorced in Thailand then speak to a lawyer in …