Adultery

Glossaries

Term	Definition
Adultery	voluntary sexual intercourse between a married man or woman and someone he or she is not married to giving grounds for divorce in Thailand Adultery in Thailand Adultery in Thai divorce law generally refers to sexual relations outside the marriage and may give the innocent spouse legal grounds to file a court action for divorce. In Thailand, adultery is not just a moral issue. It may also affect divorce rights, compensation claims, and in some cases post-divorce living allowances. In Thai law, adultery is specifically included in Section 1516(1) of the Civil and Commercial Code as a legal ground for a court divorce. Adultery as a Ground for Divorce Section 1516 lists the grounds on which a spouse may file a court action for divorce. The wording is broader than a simple dictionary definition of adultery. It includes not only adultery itself, but also maintaining or openly honoring another person as a wife or husband, or having regular sexual intercourse with another person. Section 1516(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; Read more in the full Civil Code divorce text here: Thai Civil Code: Divorce and Termination of Marriage Can Adultery Lead to Damages? Yes. Where a divorce is granted by the court on the ground under Section 1516(1), the innocent spouse may claim compensation under Section 1523. This means adultery can be relevant not only for ending the marriage, but also for a separate financial claim connected to the wrongdoing. Thai law treats this compensation separately from ordinary support. The court decides the amount based on the circumstances of the case, and it may order payment as a lump sum or in installments. While this page explains the legal effects of adultery, you can also read a more practical overview of the divorce process here: DIY divorce in Thailand. Does Adultery Affect Alimony? Potentially, yes, but this is a separate legal issue. Under Section 1526, if the divorce is caused by the fault of only one party and the other spouse would become destitute or have insufficient income, that spouse may apply for living allowances from the spouse at fault. In other words, adultery may support the divorce case and may also help establish fault, but alimony or living allowances are still decided separately by the court based on the facts, the parties’ circumstances, and the paying spouse’s ability to provide support. Read more here: Alimony in Thailand \| Thai Divorce & Spousal Support Law Important Time Limit Thai law also sets a limitation period. Under Section 1529, rights of action based on Section 1516(1) and Section 1523 are extinguished after one year from the time the relevant facts were known or should have been known. In Thailand, compensation or support is normally awarded by the court in a contested divorce case based on the facts and the evidence. In an uncontested divorce, these issues are not decided by the court and must instead be agreed between the spouses in the divorce settlement agreement. See also:Thailand Divorce Agreement / Settlement Template Summary In Thailand, adultery is a specific legal ground for court divorce under Section 1516(1). It may also give rise to a compensation claim, and in some cases the same facts may be relevant to post-divorce living allowances. For that reason, adultery in Thailand is better understood as a legal divorce concept rather than just a dictionary term. Related pages Civil Code: Divorce and Termination of Marriage Alimony in Thailand legal grounds for divorce in Thailand (Thai civil law translated and explained) FAQ: Damages for Adultery in Thailand Below are some common questions about compensation claims linked to adultery in a Thai divorce. Can adultery lead to damages in Thailand? Yes. If the court grants a divorce on the ground in Section 1516(1), the innocent spouse may claim compensation under Section 1523 of the Thai Civil and Commercial Code. Is adultery itself a legal ground for divorce? Yes. Section 1516(1) includes adultery as a ground for a court divorce. The section is broader than the ordinary dictionary meaning and also covers maintaining or openly honoring another person as a wife or husband, or having regular sexual intercourse with another person. Who can claim compensation? The innocent spouse may claim compensation if the divorce is granted by the court on the adultery-related ground under Section 1516(1). Can compensation also be claimed from the third party? In principle, Section 1523 allows a compensation claim not only against the spouse at fault, but also against the third party in the circumstances described by the Code. Can you still claim damages if you consented or accepted it? Usually not. Section 1523 states that a spouse is not entitled to claim compensation if he or she consented to, connived at, or allowed the relevant conduct. How much compensation can the court award? Thai law does not set a fixed amount. Under Section 1525, the court determines the compensation according to the circumstances and may order payment as a lump sum or in installments. Is this the same as alimony? No. Compensation for adultery and alimony (or living allowance) are different issues. Living allowance is dealt with separately under Section 1526 and depends on fault, need, and the financial position of the parties. Read more here: Alimony in Thailand Is there a time limit to bring the claim? Yes. Under Section 1529, rights of action based on Section 1516(1) and Section 1523 are extinguished after one year from the time the claimant knew or should have known the relevant facts. Where can I read the divorce law itself? You can read more about the divorce provisions here: Thai Civil Code: Divorce and Termination of Marriage This FAQ gives a general overview only. In practice, divorce, compensation, and support claims depend on the facts, the evidence, and the way the case is presented to the Thai court.

Term

Definition

voluntary sexual intercourse between a married man or woman and someone he or she is not married to giving grounds for divorce in Thailand

Adultery in Thailand

Adultery in Thai divorce law generally refers to sexual relations outside the marriage and may give the innocent spouse legal grounds to file a court action for divorce. In Thailand, adultery is not just a moral issue. It may also affect divorce rights, compensation claims, and in some cases post-divorce living allowances.

In Thai law, adultery is specifically included in Section 1516(1) of the Civil and Commercial Code as a legal ground for a court divorce.
  

Adultery as a Ground for Divorce

Section 1516 lists the grounds on which a spouse may file a court action for divorce. The wording is broader than a simple dictionary definition of adultery. It includes not only adultery itself, but also maintaining or openly honoring another person as a wife or husband, or having regular sexual intercourse with another person.

Section 1516(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;

Read more in the full Civil Code divorce text here:
Thai Civil Code: Divorce and Termination of Marriage

Can Adultery Lead to Damages?

Yes. Where a divorce is granted by the court on the ground under Section 1516(1), the innocent spouse may claim compensation under Section 1523. This means adultery can be relevant not only for ending the marriage, but also for a separate financial claim connected to the wrongdoing.

Thai law treats this compensation separately from ordinary support. The court decides the amount based on the circumstances of the case, and it may order payment as a lump sum or in installments.

While this page explains the legal effects of adultery, you can also read a more practical overview of the divorce process here: DIY divorce in Thailand.

Does Adultery Affect Alimony?

Potentially, yes, but this is a separate legal issue. Under Section 1526, if the divorce is caused by the fault of only one party and the other spouse would become destitute or have insufficient income, that spouse may apply for living allowances from the spouse at fault.

In other words, adultery may support the divorce case and may also help establish fault, but alimony or living allowances are still decided separately by the court based on the facts, the parties’ circumstances, and the paying spouse’s ability to provide support.

Important Time Limit

Thai law also sets a limitation period. Under Section 1529, rights of action based on Section 1516(1) and Section 1523 are extinguished after one year from the time the relevant facts were known or should have been known.

In Thailand, compensation or support is normally awarded by the court in a contested divorce case based on the facts and the evidence. In an uncontested divorce, these issues are not decided by the court and must instead be agreed between the spouses in the divorce settlement agreement.

See also:Thailand Divorce Agreement / Settlement Template

Summary

In Thailand, adultery is a specific legal ground for court divorce under Section 1516(1). It may also give rise to a compensation claim, and in some cases the same facts may be relevant to post-divorce living allowances. For that reason, adultery in Thailand is better understood as a legal divorce concept rather than just a dictionary term.

FAQ: Damages for Adultery in Thailand

Below are some common questions about compensation claims linked to adultery in a Thai divorce.

Can adultery lead to damages in Thailand?

Yes. If the court grants a divorce on the ground in Section 1516(1), the innocent spouse may claim compensation under Section 1523 of the Thai Civil and Commercial Code.

Is adultery itself a legal ground for divorce?

Yes. Section 1516(1) includes adultery as a ground for a court divorce. The section is broader than the ordinary dictionary meaning and also covers maintaining or openly honoring another person as a wife or husband, or having regular sexual intercourse with another person.

Who can claim compensation?

The innocent spouse may claim compensation if the divorce is granted by the court on the adultery-related ground under Section 1516(1).

Can compensation also be claimed from the third party?

In principle, Section 1523 allows a compensation claim not only against the spouse at fault, but also against the third party in the circumstances described by the Code.

Can you still claim damages if you consented or accepted it?

Usually not. Section 1523 states that a spouse is not entitled to claim compensation if he or she consented to, connived at, or allowed the relevant conduct.

How much compensation can the court award?

Thai law does not set a fixed amount. Under Section 1525, the court determines the compensation according to the circumstances and may order payment as a lump sum or in installments.

Is this the same as alimony?

No. Compensation for adultery and alimony (or living allowance) are different issues. Living allowance is dealt with separately under Section 1526 and depends on fault, need, and the financial position of the parties.

Read more here: Alimony in Thailand

Is there a time limit to bring the claim?

Yes. Under Section 1529, rights of action based on Section 1516(1) and Section 1523 are extinguished after one year from the time the claimant knew or should have known the relevant facts.

Where can I read the divorce law itself?

You can read more about the divorce provisions here:
Thai Civil Code: Divorce and Termination of Marriage

This FAQ gives a general overview only. In practice, divorce, compensation, and support claims depend on the facts, the evidence, and the way the case is presented to the Thai court.