Grounds for Divorce in Thailand. Divorce is a significant legal process that involves the dissolution of marriage and the termination of marital rights and obligations. In Thailand, divorce laws are governed by the Civil and Commercial Code, which outlines various grounds upon which couples can seek to end their marriage.
One of the most common grounds for divorce in Thailand is mutual consent, where both spouses agree to dissolve their marriage amicably. This option allows couples to part ways without assigning blame or fault to either party and often leads to a smoother and less contentious divorce process.
This article explores the reasons recognized by Thai law for a court to grant a divorce.
Fault-Based Grounds
Thailand adheres to a fault-based divorce system, meaning at least one spouse must be proven to have breached marital vows or obligations. Here are some common grounds for divorce:
- Infidelity: This includes adultery or taking another spouse.
- Misconduct: This covers a broad range of offenses, including criminal acts or behavior causing physical or mental harm to the other spouse.
- Desertion: If one spouse leaves the other for over a year without justifiable reason, it can be grounds for divorce.
- Failure to Provide Support: Financial neglect of a spouse can be a reason to dissolve the marriage.
- Cruelty: Physical or emotional abuse inflicted by one spouse on the other qualifies as a ground for divorce.
Cruelty or misconduct is another valid ground for divorce in Thailand. This includes physical or emotional abuse, neglect, or mistreatment inflicted by one spouse upon the other. Cruelty can take many forms and can have a detrimental effect on the well-being and safety of the spouse and any children involved.
Incompatibility is also recognized as a valid ground for divorce in Thailand. This occurs when spouses find themselves unable to reconcile their differences or maintain a harmonious relationship. Incompatibility can manifest in various ways, such as differing values, lifestyles, or goals, and may lead to irreconcilable marital conflicts.
Other Grounds
In addition to fault-based reasons, Thai law recognizes other circumstances for divorce:
- Insanity: If a spouse has been incurably insane for at least three years, it can be grounds for divorce.
- Incurable Disease: A communicable and dangerous disease that cannot be cured and poses a risk to the other spouse can be a reason for divorce.
- Physical Incapacity: If a physical condition permanently prevents cohabitation as husband and wife, it can be grounds for divorce.
- Separation: If both spouses have voluntarily lived separately for more than three years, the court may grant a divorce.
It’s important to note that Thailand also recognizes a “no-fault” divorce option, where couples can seek to end their marriage without assigning blame or proving specific grounds. This option allows couples to part ways amicably and focus on moving forward with their lives without unnecessary legal battles or disputes.
Important Considerations
- Evidence is required to support the claimed grounds for divorce.
- In some cases, reconciliation may be attempted before a divorce is granted.
- The advice of a Thai lawyer specializing in family law is strongly recommended to navigate the legalities of divorce in Thailand.
Understanding these grounds is a starting point, but consulting with a lawyer is essential for navigating the complexities of divorce proceedings in Thailand.
