Divorce cases are two different types of legal cases that differ in nature and in the procedures followed
According to statistics of the Bureau of Registration Administration (BORA) of Ministry of interior, it is found that the divorce rate of Thai people increased by almost 50% of those who registered their marriages from 2017 - 2021, with domestic violence as the main factor of divorce, especially physical abuse by the husband. Even though there is trying to mediate between the spouse but it is still unsuccessful, the second factor is adultery and drug problems.
In Thailand, there are 2 types of divorce: contested divorce and uncontested divorce. In case where the spouse is Thai and reside in Thailand, Divorce proceedings are quite easy but if one of the spouses are unwilling to divorce or being a foreigner and the marriage is registered in a foreign country, the proceedings are more complicated because there are many factors involved. Therefore, it is necessary to seek legal advice from a lawyer in order to proceed the divorce
There are 2 types of divorces in Thailand in accordance with Thai Family Law, which is contested divorce and uncontented divorce.
In case of contested divorce, it is divorce by the court based on the ground of divorce under section 1516 under the Civil and Commercial Code. Most of this type is a result of disagreements/conflict between the spouse over issues which are more complicated and sensitive than uncontested divorce that the spouse can make a final determination to the end without conflict. Therefore, it is necessary for the court to intervene in a complicated issues and make a final determination for them.
The grounds of divorce under section 1516 of the Civil and Commercial code are as follows;
- 1. Where 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 offense or not, which causes the other spouse:
- (A) to be seriously ashamed;
- (B) to be insulted or hated on account of a continuance of being husband or wife of the spouse having committed the misconduct; or
- (C) to sustain excessive 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 has been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offense committed without any participation, consent, or in knowledge of the other spouse, and the cohabitation as husband and wife will cause the other party to sustain excessive injury or trouble, the latter may enter a claim for divorce.
- 4.2 the husband and wife voluntarily live separately due to being unable to cohabit peacefully for more than three years or live separately for more than three years by order of the Court, either spouse may enter a claim for divorce.
- 5. One spouse has been adjudged to have disappeared, has 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 suffered insanity 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 that is incurable and may cause injury to the other, the latter may file a claim for divorce.li
- 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.