Divorce in Thailand can generally take place in two ways: divorce by mutual consent or divorce by court judgment. If the spouses cannot agree to divorce, the spouse seeking divorce may need to file a case with the Thai Court and establish one of the legal grounds for divorce provided under Thai law.
Under Section 1516 of the Thai Civil and Commercial Code, Thai law recognizes several grounds for divorce, including adultery, abandonment, serious misconduct, physical or mental abuse, failure to provide maintenance, and separation for the period prescribed by law.
For foreigners married to Thai nationals, understanding the grounds for divorce in Thailand is particularly important when the other spouse does not agree to the divorce.
How Can You Get a Divorce in Thailand?
There are generally two ways to obtain a divorce in Thailand.
1. Divorce by Mutual Consent
If both spouses agree to divorce, they may proceed with a divorce by mutual consent.
The divorce agreement must be made in writing and signed by at least two witnesses. For a marriage registered under Thai law, the divorce becomes legally effective when the divorce is registered with the relevant authority.
The spouses should also clearly agree on important matters such as:
- Division of marital property
- Parental power and child custody
- Child support
- Spousal maintenance, where applicable
- Debts and financial obligations
- Other matters arising from the marriage
2. Divorce by Court Judgment
If one spouse does not agree to the divorce, the other spouse may need to file a divorce case with the Thai Court.
The person seeking divorce must establish one of the legal grounds under Section 1516 and present appropriate evidence to the Court.
Therefore, simply wanting a divorce does not automatically mean that a Thai Court will grant the divorce if the other spouse refuses to consent.
10 Grounds for Divorce Under Thai Law
1. Adultery or Having a Relationship with Another Person
A spouse may have grounds for divorce if the other spouse:
- Has committed adultery
- Has maintained another relationship in a manner recognized by law
- Has regularly engaged in a sexual relationship with another person
- Has behaved in a manner that falls within the statutory grounds concerning a relationship with another person
However, merely alleging that a spouse has been unfaithful is not necessarily sufficient. In a contested divorce case, evidence supporting the allegation can be important.
Potential evidence may include messages, photographs, financial records, documents, or witness testimony, depending on the circumstances of the case.
2. Serious Misconduct
A spouse may have grounds for divorce where the other spouse has committed serious misconduct, whether or not the conduct constitutes a criminal offense, and the conduct causes the other spouse:
- Serious embarrassment or humiliation
- Serious hatred or contempt for remaining married
- Serious injury or excessive hardship
Whether conduct constitutes a legal ground for divorce depends on the specific facts and circumstances of the case.
Not every inappropriate or unpleasant act will automatically constitute grounds for divorce.
3. Physical or Mental Abuse
A spouse may seek divorce where the other spouse:
- Physically abuses the spouse
- Seriously harms or tortures the spouse physically or mentally
- Seriously insults or humiliates the spouse
- Seriously insults or humiliates the spouse's parent
The seriousness of the conduct is an important consideration.
Evidence may include medical records, photographs, police reports, messages, or witness testimony, where available.
4. Willful Abandonment for More Than One Year
If one spouse willfully abandons the other spouse for more than one year, the abandoned spouse may have grounds to file for divorce.
The concept of willful abandonment involves more than simply living separately. The circumstances surrounding the separation and the intention of the spouse who left may be important.
For example, spouses may live separately because of work or other practical reasons without necessarily establishing willful abandonment.
5. Imprisonment for More Than One Year
If one spouse has been finally sentenced to imprisonment for more than one year for an offense in which the other spouse was not involved, did not consent, or participate, and continuing the marriage causes the other spouse excessive injury or hardship, this may constitute a ground for divorce.
Therefore, imprisonment does not automatically mean that the other spouse can obtain a divorce. The statutory requirements must be considered.
6. Voluntary Separation for More Than Three Years
If both spouses have voluntarily lived separately because they cannot live together peacefully for more than three consecutive years, or have lived separately pursuant to a court order for more than three years, either spouse may have grounds to file for divorce.
This ground is different from willful abandonment because it specifically concerns the period of separation and the circumstances under which the spouses have been living apart.
7. Disappearance or Absence for More Than Three Years
If one spouse has been declared a missing person under the applicable legal process, or has disappeared from their domicile or residence for more than three years without anyone knowing whether that spouse is alive or dead, the other spouse may have grounds for divorce.
8. Failure to Provide Maintenance or Serious Conduct Against the Marriage
A spouse may have grounds for divorce if the other spouse:
- Fails to provide appropriate maintenance and support; or
- Acts in a manner seriously hostile to the marital relationship,
and such conduct causes the other spouse excessive hardship.
The Court may consider the financial circumstances, lifestyle, and overall circumstances of the spouses.
9. Mental Illness for More Than Three Years
If one spouse has suffered from a mental illness continuously for more than three years, the condition is unlikely to improve, and the illness is sufficiently serious to make continuation of the marriage impossible, the other spouse may have grounds for divorce.
This ground involves specific legal requirements and may require appropriate medical evidence.
10. Serious Communicable Disease or Permanent Inability to Have Sexual Relations
Thai law also provides grounds for divorce where one spouse:
- Suffers from a serious communicable disease that may endanger the other spouse and is chronic and incurable; or
- Has a physical condition that permanently prevents sexual intercourse or permanently prevents the spouse from performing or accepting sexual acts necessary for the marital relationship.
The statutory requirements must be carefully considered in each case.
Does Having a Ground for Divorce Mean You Can Get Divorced Immediately?
Not necessarily.
Having circumstances that may fall within Section 1516 does not automatically terminate the marriage.
If the other spouse refuses to consent, the spouse seeking divorce may need to file a court case and prove the relevant facts and legal grounds.
The Court will consider the evidence and circumstances of the individual case.
Therefore, identifying the correct legal ground for divorce and gathering appropriate evidence can be extremely important.
Do You Need to Prove a Legal Ground If Both Spouses Agree to Divorce?
Generally, if both spouses agree to divorce by mutual consent, it is not necessary to prove one of the contested-divorce grounds under Section 1516 before the Court.
However, the spouses should clearly resolve important matters, including:
- Marital property
- Debts
- Parental power and custody
- Child support
- Visitation and contact with children
- Property located in Thailand
- Property located overseas
For a divorce by mutual consent under Thai law, the agreement must be made in writing and witnessed by at least two witnesses. The divorce becomes effective upon proper registration.
Can a Foreigner Use the Grounds for Divorce Under Thai Law?
Yes, but where a foreigner is involved, additional issues may need to be considered, including whether the Thai Court has jurisdiction and which law applies to the divorce.
International divorce cases may involve issues such as:
- Nationality of each spouse
- Place of marriage registration
- Residence of the spouses
- Children
- Property located overseas
- Divorce proceedings in another country
- Foreign divorce judgments
Therefore, an international divorce case should not be assessed solely by asking whether there is a legal ground for divorce.
Why Should You Consult a Divorce Lawyer Before Filing?
Divorce proceedings can affect significant legal rights, property, children, and financial obligations, particularly where the spouses are of different nationalities.
Nathee Legal Firm Co., Ltd. has a team of experienced lawyers with specialized expertise, particularly in family law, divorce, child custody, marital property, and international family law.
Our legal team can assist in assessing:
- Which legal ground may apply to your circumstances
- Whether sufficient evidence is available
- Whether you should pursue a contested divorce or negotiate a mutual-consent divorce
- Your rights concerning marital property
- Parental power and child custody
- Child support claims
- Potential immigration consequences
- The appropriate legal strategy for your case
Frequently Asked Questions
What are the most common grounds for divorce in Thailand?
Common grounds may include adultery, abandonment, failure to provide maintenance, and serious physical or mental abuse. However, the applicable ground depends on the facts and evidence of each case.
Can I divorce my spouse simply because I no longer love them?
Simply falling out of love or no longer wishing to remain married is not automatically a statutory ground for a contested divorce under Section 1516. If the other spouse does not agree, it may be necessary to determine whether another legal ground applies.
Can I file for divorce if my spouse is having an affair?
Potentially, yes. Adultery or conduct involving another person may constitute a ground for divorce under Thai law, but the specific facts and available evidence should be assessed.
Do I need evidence of adultery?
If the divorce is contested and the other spouse denies the allegation, evidence supporting the claim can be important. The type and strength of evidence will depend on the circumstances.
Can a foreigner file for divorce against a Thai spouse?
Yes, where the applicable requirements concerning jurisdiction and governing law are satisfied. International divorce cases should be assessed individually.
Contact Nathee Legal
If you are considering filing for divorce in Thailand but are unsure whether your spouse's conduct constitutes a legal ground for divorce, the Nathee Legal team can assist in reviewing your circumstances and explaining your legal options.
Nathee Legal Firm Co., Ltd. has a team of experienced lawyers with specialized expertise in family law and assists both Thai and foreign clients with divorce and international family law matters in Thailand.
Contact Nathee Legal for an initial assessment and professional legal guidance regarding your divorce case.