Grounds for Divorce in Thailand.
Grounds for Divorce in Thailand.
Once both parties cannot agree by mutual or uncontested divorce, you need to file the court case as contested divorce. For filling such court case, you need to show the grounds for divorce in Thailand to support your case.
You can read more how you should proceed for divorce from this content: Divorce in Thailand
Divorce in Thailand is an intricate process that needs professional assessment by both parties.
Contested Divorce means the dissolution of a marriage by the judgment of a court on one or more of the grounds for divorce in Thailand as listed under Section 1516 of the Civil and Commercial Code.
Divorce typically unleashes a flood of emotions including anger, grief, anxiety and fear.
Sometimes these feelings can rise up when you least expect them, catching you off guard.
Such a response is normal, and over time the intensity of these feelings will subside.
The liberalization of divorce laws has fueled non-adversarial approaches to marital dissolution, such as negotiation and mediation.
Such practices are especially beneficial for children, for whom divorce is almost always deeply distressing and whose needs are often overlooked in the adversarial process.
It is commonly believed that 80 percent of marriages in the Thailand end in divorce, but that is not the case.
It is now estimated that only a third of marriages will face dissolution over time.
Table of Contents:
- List of Grounds for Divorce in Thailand.
- How to show the Grounds for Divorce in Thailand.
- Level of Proof to win the case.
1. List of Grounds for Divorce in Thailand are as follows:
As per Civil and Commercial code of Thailand, section 1516, it is stated that the Ground for Divorce are as follows:
(1) one spouse has given maintenance to or honored another person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;
(2) one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:
- to be seriously ashamed;
- to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
- 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;
(3) one spouse has caused serious harm or torture to the 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;
(4) one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
(4/1) one spouse had been sentenced by a 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;
(4/2) 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;
(5) 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;
(6) one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and 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;
(7) 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 other may enter a claim for divorce;
(8) one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;
(9) one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
(10) 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.
For filling the court case, you can use one or more grounds for filling the Plaint to the court.
You cannot use other reason out of section 1516 to file the divorce case like lack of love, argument with each other, one party is lazy to do house work, fat, ugly etc.
2. How to show the Grounds for Divorce in Thailand.
Once you know the grounds for filling the divorce in Thailand already, the lawyer can prepare the Plaint as described under the grounds for divorce in the document.
And the lawyer needs to provide some basic evidence attached with the Plaint for the court’s consideration as well. This is just for the judge to see it has ground for divorce.
But for deep detail of evidence, normally the lawyer will use it on examination time. Because you should not open to them now. (they may prepare to defend against the evidence)
3. Level of Proof to win the case.
Once you choose the ground for divorce already, you need to provide all evidence and personal witnesses to prove to the court according to following ground that you filled the case.
You must prove to make the court believe that the other party has committed the ground for divorce.
The level of proof must be strong, clear and direct to the point. Then you can win the case.
If you cannot make the court believe, you will lose the case.
If you cannot settle with your spouse by mutual agreement and you need to divorce, you need to do the filling of the court case for divorce.
In order to file the case of divorce, you need to show the grounds for divorce in Thailand as stated in the section 1516 of Civil and Commercial Code.
You cannot show other reason out of section 1516 like lack of love.
And you need to bring all evidence and personal witnesses to testify to the court to make the court believe and agree with the grounds for divorce.