Divorce Law

By
Mr Banjongsan Winyarat, Attorney At Law, C.M.Law Firm Ltd.


According to Thailand Law Civil and Commercial Code Section 1516: there are 10 grounds of action for divorce 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.