Suing a third party for adultery in Thailand is an issue of significant interest to married couples, particularly when a husband or wife has a romantic or sexual relationship with another person.
Thai law allows a spouse who has suffered damage to exercise legal rights to claim compensation ("damages/compensation") from the other spouse and, in certain circumstances, from the third party involved, provided that the statutory requirements are satisfied.
The key provisions are Section 1516(1) and Section 1523 of the Thai Civil and Commercial Code. Section 1523 was amended and the amendment came into force on 22 January 2025, with the aim of providing greater equality between spouses.
1. Does Thai Law Allow You to Sue a Third Party for Adultery?
Under Section 1516(1), a spouse may petition for divorce if the other spouse maintains, supports, or honors another person as a spouse, commits adultery, or regularly has sexual relations with another person.
In addition, Section 1523 provides that when a court grants a divorce on such grounds, a spouse may have the right to claim compensation from the other spouse and from the person who was the cause of the divorce.
In relation to a third party, a spouse may also claim compensation from a person who has sexual relations with the other spouse in a manner constituting adultery, or from a person who openly represents themselves as having a relationship with the other spouse in the manner of spouses, subject to the requirements of the law.
2. Must You Get Divorced Before Suing a Third Party?
This issue must be considered carefully because a claim for compensation against a third party under Section 1523 involves specific legal requirements, which may vary depending on the nature of the claim and the facts of the case.
Certain Supreme Court decisions have established that a claim for compensation against a third party under the second paragraph of Section 1523 is not necessarily limited to situations where the parties have already filed for divorce and completed the divorce registration. The applicable legal rights and the facts of each case must be considered.
Therefore, if you are considering bringing a claim specifically against a third party, it is advisable to have a lawyer review the marital status, grounds for divorce, and evidence concerning the relationship before commencing proceedings.
3. What Must Be Proven in an Adultery Claim?
Simply having a personal relationship with another person's spouse may not, by itself, be sufficient to establish liability for compensation.
The claimant should have evidence demonstrating conduct that falls within the scope of Section 1523, such as:
- A relationship of an adulterous nature
- Openly representing oneself as being in an adulterous relationship with the claimant's spouse
- The third party knowing or having reason to know that the person they were involved with was already married
- Other circumstances demonstrating a relationship falling within the legal requirements
The issue of "openly representing oneself" can be particularly important. Thai Supreme Court decisions have held that a claim for compensation against a third party requires sufficient factual evidence concerning such conduct and cannot necessarily be established merely by alleging that the third party had a sexual relationship with the spouse.
4. What Evidence Can Be Used in an Adultery Case?
The evidence required will depend on the facts of each case. Examples may include:
Documentary Evidence
- Chat messages
- Photographs
- Emails
- Travel records
- Bank transfer records
- Other documents relating to the relationship
Witness Evidence
- Persons who witnessed the conduct
- Family members
- Friends
- Employees or other persons connected with the relevant events
Electronic Evidence
- Messages exchanged through applications
- Photographs or videos
- Social media information
- Communication records between the parties
However, evidence must be obtained carefully. Accessing private information, intercepting communications, or obtaining and using certain types of personal data may raise additional legal issues.
5. How Much Compensation Can You Claim for Adultery?
Thai law does not prescribe a fixed amount of compensation for an adultery claim.
The amount awarded by the court depends on the facts and circumstances of each case, including:
- The duration of the relationship
- The nature and seriousness of the conduct
- Whether the relationship was publicly displayed
- The damage suffered by the spouse
- The status and circumstances of the parties
- Other relevant circumstances
Accordingly, the amount claimed in a lawsuit should be assessed based on the specific facts and available evidence. There is no single amount that applies to every case.
6. Can You Sue if the Spouse Consented to the Relationship?
Section 1523 contains an important limitation. If one spouse consented to or knowingly participated in the other spouse's conduct under Section 1516(1), or consented to or knowingly participated in the conduct of the third party under the second paragraph of Section 1523, that spouse may not be entitled to claim compensation.
Therefore, if there are facts indicating that the spouse previously consented to, supported, or knowingly participated in the relationship, those circumstances should be carefully reviewed before commencing proceedings.
7. Does the Current Adultery Law Apply Equally to All Spouses?
The amendment to Section 1523, which came into force on 22 January 2025, changed the wording of the law from gender-specific terminology to "either spouse", reflecting the principle of equality and Thailand's marriage equality legislation.
Therefore, the right to claim compensation from a third party should no longer be understood as a right limited only to a husband or wife under the traditional gender-based interpretation.
8. Is an Adultery Claim the Same Case as a Divorce Case?
A divorce claim and a claim for compensation are legally related, but the requirements and legal rights involved are not necessarily identical.
Depending on the circumstances, claims concerning divorce and compensation may be brought together, while in other circumstances a claim for compensation against a third party may need to be considered separately.
The appropriate legal strategy depends on the parties' marital status, the grounds for divorce, the facts concerning the third party, and the available evidence.
9. Can a Foreigner Sue a Third Party for Adultery in Thailand?
Foreign nationals involved in a marriage or family dispute connected with Thailand may have issues concerning jurisdiction, applicable law, and the legal status of the marriage that must be assessed on a case-by-case basis.
This is particularly important where:
- The spouses have different nationalities
- The marriage was registered in another country
- One or both spouses live overseas
- The third party is located in Thailand
- Assets are located in Thailand and other countries
- Divorce or family proceedings have already been commenced in another country
In these circumstances, the question should not be limited to whether a person can "sue for adultery." The applicable jurisdiction and governing law should be reviewed before legal proceedings are commenced.
Conclusion
Suing a third party for adultery in Thailand is possible under certain conditions under Thai law, particularly under Sections 1516(1) and 1523 of the Thai Civil and Commercial Code.
The key issue is not simply proving that a spouse had a relationship with another person. It is necessary to determine whether the conduct satisfies the legal requirements and whether there is sufficient evidence to establish the claim.
The amendment to Section 1523, effective 22 January 2025, has also made the rules concerning compensation claims against third parties more gender-neutral and consistent with the principle of equality between spouses.
If you are dealing with an unfaithful spouse or considering suing a third party, claiming compensation, or filing for divorce in Thailand, it is advisable to have a lawyer review the facts and evidence before taking legal action. Even seemingly minor details can affect your right to bring a claim and the amount of compensation that may be recoverable.
Nathee Legal Firm has an experienced team of lawyers specializing in family law and international family matters, providing legal consultation and representation in divorce, compensation claims, adultery claims, family rights, and disputes between spouses for both Thai and foreign clients throughout Thailand.