Grounds for Divorce. Thailand, known for its beautiful beaches and vibrant culture, also has its own set of laws governing marriage and divorce. If you find yourself contemplating divorce in Thailand, understanding the legal grounds is crucial.
This article explores the primary reasons recognized by Thai courts for a marriage to be dissolved.
Fault-Based Grounds
Thailand’s legal system relies on fault-based grounds for divorce. A spouse must prove that the other party’s behavior stanowi (constitutes) a significant breach of marital vows. Here are some common grounds:
- Infidelity: Extramarital affairs, whether by the husband taking another wife or the wife committing adultery, are grounds for divorce.
- Misconduct: This includes criminal activity or any behavior that severely strains the marital relationship.
- Physical or Mental Cruelty: Causing physical or emotional harm to your spouse is a valid reason for divorce.
- Desertion: If one spouse abandons the other for more than a year, it qualifies for divorce.
- Failure to Provide Support: Neglecting to financially support your spouse can be a reason to dissolve the marriage.
Non-Fault Grounds
In some cases, fault may not be attributable to either spouse. Thai law also recognizes non-fault grounds for divorce:
- Insanity: If a spouse has been incurably insane for at least three years, it can be a ground for divorce.
- Incurable Disease: A spouse with an incurable, communicable disease that poses a health risk to the other spouse can be grounds for divorce.
- Separation: If both spouses have voluntarily lived separately for more than three years, the court may grant a divorce.
Important Considerations
- Evidence is crucial. To prove your claim, you will need to provide evidence that supports the grounds for divorce.
- Legal counsel is advisable. The Thai divorce process can be complex, and seeking guidance from a lawyer familiar with Thai family law is highly recommended.
- Mutual consent is an option. If both spouses agree to the divorce, the process can be faster and less contentious.
Understanding the grounds for divorce in Thailand is the first step in navigating the legal process. Consulting with a lawyer can help you determine the most appropriate course of action for your specific situation.
