Family Law is an important area of legal practice of our law firm in Thailand. Our Family lawyers in Thailand, we strongly recommend signing prenuptial agreements when registering marriages in Thailand. This is the best way to protect your assets and secure your interests in case the relationship cannot continue in the future.
Under Thai Civil law, there are three main reasons to terminate a marriage, and these are:
C) Cancelled by the Court
Regarding a divorce in Thailand, this one can be contested or uncontested. The Thai law in the article 1516 stipulates the grounds of action for contested divorce and these are as follows:
(1) one spouse has given maintenance to or honored another person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;
(2) one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:
(a) to be seriously ashamed.
(b) to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
(c) to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife is 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.
(5) one spouse has been ruled 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.
(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 been an insane person 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 which is incurable and may cause injury to the other, the latter may file a claim for divorce.
(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.
H&P lawyers in Thailand, have successfully divorced many Thai-Foreigner couples and both foreigner’s spouses at Family Courts in Thailand in both: contested and uncontested divorces. When both spouses are foreigners, we need to prove to the court there is no conflict of law with the law of each foreign spouse.
In addition, H&P have protected the interests of our private clients obtaining custody of minors, alimony, living allowances and compensation for adulteries.
In the last years, H&P represented clients in cases of international abduction of minors, sole custody, divorce and claiming marital assets. We often work with lawyers of other countries to enforce the rulings in Thailand overseas.
If you need to contact a Family lawyer in Thailand for a divorce or custody, please contact H&P at [email protected]