Divorce under Thai Laws
Marriage seems to be a wonderful dream for people. Some says that a marriage is the beginning of life. If a man or a woman is not getting married, most people think that there must be something wrong with him or her. While many couples are happy with using life with his or her lover with the marriage, many couples fail with the marriage too. People always create things and always think that those things are his or her own. I would like to tell you that even your body is not yours, your son is not yours, your teeth, hair, foot, and etc is not yours. Can we call a boy that a girl, and vice versa? People make it up! So, you should not adhere to something.
Divorce may be effected only by:
1. Mutual consent
2. Judgment of the Court
- Mutual Consent
Divorce by mutual consent must be made in writing and certified by the signatures of at least two witnesses. In addition, when marriage has been registered, divorce is valid only if the registration is effected by both the husband and wife.
The divorce is made in writing with two witnesses’ signatures, but spouse does not go to register to divorce at Ampher. The other spouse can take an action to the Court.
2. Judgment of the Court
There are ten grounds of action for divorce as follows:
- The husband has given maintenance to or honoured such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;
2. One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other;
2.1 to be seriously ashamed;
2.2 to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
2.3 to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration;
For example, a wife complains a husband’s boss that her husband has an affair with other woman. The boss makes a disciplinary punishment to the husband. The act of wife is not guilty of misconduct because a wife has a right to prevent or refrain her husband from relationship with other woman.
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;
Therefore, if the husband and the wife are agreed to separate from each other, the spouse cannot claim that he or she has been deserted.
5. One spouse has been adjudged to have disappeared, or has left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
To Be Continued
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Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.