If you wish to get divorced in Thailand then you will need to have a reason for the divorce. Normally during the divorce you will list at least two reasons for the divorce. This would be included in your divorce application. Note that this is for both an administrative divorce as well as a litigated divorce. Speak to a family lawyer in Thailand about this.
Grounds for Divorce
The grounds for the divorce is set down in the Thai Civil and Commercial Code of the country. They do list the reasons which are acceptable in Thai law for the divorce to occur. The following is a brief break down of the reasons for the divorce.
- – Your spouse has committed adultery. Normally this will not be a once off event;
- – Your Thai wife has been guilty of misconduct (criminal or non-criminal);
- – Your spouse has ashamed you before others (loss of face);
- – The behaviour of your spouse has caused others to hate you because of her behaviour;
- – Your spouse is causing hatred and shame to you by living together;
- – Your Thai spouse has tortured you mentally or physically;
- – You have not seen or lived together for more than a year;
- – Your spouse has been sentenced to prison for more than 1 year;
- – You have not been able to live peacefully for more than 3 years;
- – One spouse is not giving proper maintenance and support;
- – Your wife has been declared insane by the courts in Thailand or abroad;
- – One spouse is suffering from a communicable and dangerous disease which is incurable;
- – One spouse has a physical disadvantage so as to be permanently unable to live together;
There are a number of defences during a divorce in Thailand. These could be that your wife has had an extramarital affairs. There could also be the defence that your wife gave you permission to have a girlfriend. There are a number of defences however this would require proof and the hiring of a private investigator can be costly.
You wife might also try to divorce you while you have been abroad and claim that she does not know where you are. Many expats in Thailand work abroad and use Thailand as a home base where they live for 4 months of the year. Maintenance and support is also another issue. There might be a process for divorce when your wife does not consider the monthly allowance you give her to be sufficient. You will need to speak to a family lawyer in Thailand about this.
You could also apply for a divorce if she has an incurable transmittable illness. This could be Hepatitis or HIV/AIDS. You will need to take legal advice on this as she might claim that you gave it to her. You will again need to be able to prove this as damages might be the next claim during the divorce.
Getting divorced can be complex and costly. It is always best to speak to a lawyer in Thailand for advice and assistance.
