What are the divorce grounds in Thailand?

Does Thailand recognize no fault divorce, or do you always need a fault ground for a divorce under Thai law? The thing is, our marriage is broken beyond repair but we do not want to blame each other. We agreed to separate and each want to go our separate ways. Any information would be helpful.

Thank you.

Posted in Family law, Inheritance, asked by Hamp, 2 years ago. 726 hits.

bangkoklawonline

The Civil Code on this matter:
Section 1514 Divorce may be effected only by mutual consent or by judgment of the Court. Divorce effected by mutual consent must be made in writing and certified by the signatures of at least two witnesses.
Section 1515 Where marriage has been registered as provided by this Code, divorce by mutual consent is valid only if the registration thereof is effected by both the husband and wife.
Section 1516 Grounds of action for divorce (dissolution of the marriage by a court) are as follows:

(1) the husband has given maintenance to or honored 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:
(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; or
(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;
(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.


Mutual consent divorce


No-fault divorce in Thailand is a divorce by mutual consent (sections 1514 and 1515). This is a divorce in which the dissolution of the marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all. This type of divorce can easily be established and registered at any municipality in Thailand, but both husband and wife must be present and agree on the terms of the divorce.

Nadia
2 years ago
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