PROCEDURE FOR DIVORCE IN THAILAND
The procedure for getting a divorce from the spouse married in Thailand is governed by the "THAI CIVIL AND COMMERCIAL CODE".
A divorce in Thailand can be obtained in the following manner:
- Mutual consent which is made in writing, certified by signatures of at least two witnesses, and evidenced by registration of the written agreement at the office of the District Officer and by producing Personal Citizenship Identification Card, Copy of household registration, Vital marriage documents of both parties.
If a divorce is not possible through mutually consent then the court to be approached to obtain a divorce through judgment of the court.
GROUNDS FOR DIVORCE
A divorce in Thailand can be obtained on the following grounds namely:
- One spouse is guilty of misconduct, causing the other:
- to be seriously ashamed;
- to be insulted of hated [sic] or account of continuance of beinghusband or wife of the spouse having committed the misconduct; or
- to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;
- 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;
- Braking of a bond of good behavior executed by him or her,
- One spouse has deserted the other for more than one year:
- one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other,
- the husband and wife voluntarily live separately
- One spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than Three Years and being uncertain whether he or she is living or dead;
- Lack of maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife
- One spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other,
A physical disadvantage of one spouse so as to be permanently unable to cohabit as husband and wife.
Maintenance is the most important aspect after divorce. The basic principle is that spouses shall maintain and support each other according to his or her ability and condition in life.
- Where the divorce is granted on the grounds of physical or mental health or happiness of either spouse is greatly imperiled by continuance of cohabitation, the spouse so imperiled may apply to the Court for authorization to live apart while the danger persists; and in such case, the Court may order such amount of maintenance to be furnished by one of the spouses to the other as may be proper according to the circumstances.
- If one of the spouse becomes insane, irrespective of whether he or she has been adjudged incompetent or not, and the other fails to give proper maintenance to the insane spouse does or fails to do any thing to the extent that it plunges the insane spouse into the position which is likely to endanger the latter's body or mind, or causing any undue loss to the latter's property, the guardian may enter an action against the other claiming maintenance for the insane spouse, or apply for any order of the Court to protect the insane spouse.
- In applying for any order of the Court for protecting the insane spouse without claiming maintenance, the applicant may not request the Court to order effecting the insane spouse to be an incapacitated person or to change the guardian. If the measures for protection as requested, in the opinion of the Court, requires an appointment or change of the guardian, the Court shall firstly give an order effecting the carrying out of the similar activities and then give a protection order as it is deemed suitable.
- During the Court trial the Court may, upon request, determine any temporary measures concerning the maintenance or protection of the insane spouse as it is deemed suitable. If it is a case of emergency, the provisions on the request in case of emergency under the Civil Procedure Code shall apply.