Grounds for Divorce. Divorce in Thailand, as in many countries, is a legal dissolution of marriage that requires one or both spouses to present valid grounds for the separation. Thai law provides specific grounds for divorce, which can be classified into two main categories: mutual consent and grounds for contested divorce. This article will explore these grounds in detail, offering insights into the legal, cultural, and practical aspects of obtaining a divorce in Thailand.

Mutual Consent Divorce

A mutual consent divorce, known as a "consensual divorce" in Thailand, is the simplest and most straightforward method. Both parties agree to end the marriage without conflict. However, even in mutual consent cases, certain legal procedures must be followed.

1. Requirements for Mutual Consent Divorce:
   • Agreement of Both Parties: Both spouses must agree to the divorce and the terms related to child custody, division of property, and other marital matters. If there is no agreement, the divorce cannot proceed under mutual consent.
   • Registered Marriage: The marriage must have been legally registered in Thailand. Only registered marriages can be dissolved through the mutual consent process in Thai courts.
   • Written Agreement: The spouses must sign a written agreement that outlines the terms of the divorce, including child custody, property division, and spousal support. This agreement must be submitted to the local district office (Amphur).
2. Process of Mutual Consent Divorce:
   • The couple must appear in person at the district office where the marriage was registered.
   • They present their written agreement, along with identification documents.
   • The district officer will review the agreement, and if satisfied, the divorce will be granted and recorded in the civil registry.

While mutual consent divorce is less complicated, it requires both parties to be cooperative and willing to negotiate. In cases where mutual consent is not possible, the divorce must be sought on specific legal grounds.

Grounds for Contested Divorce

Contested divorce, known as litigated divorce, occurs when one spouse does not agree to the divorce, or when there are disputes regarding the division of assets, child custody, or other matters. In such cases, the spouse seeking the divorce must prove one or more of the legal grounds provided under Thai law.

1. Adultery:
   • Adultery is one of the most common grounds for divorce in Thailand. If a spouse engages in an extramarital affair, the aggrieved spouse has the right to file for divorce.
   • Proof of adultery can include photos, videos, or witness testimony. However, gathering such evidence can be challenging and may require the assistance of a private investigator.
2. Misconduct:
   • Misconduct refers to behavior that causes severe distress or shame to the other spouse. This could include criminal activities, gambling, substance abuse, or other forms of behavior that negatively impact the marriage.
   • The misconduct must be serious enough to make cohabitation unbearable for the innocent spouse.
3. Desertion:
   • Desertion occurs when one spouse abandons the other for an extended period, usually one year or more, without any intention of returning or supporting the family.
   • Desertion is a clear ground for divorce if the spouse leaves without a valid reason and without the consent of the other spouse.
4. Imprisonment:
   • If a spouse is sentenced to imprisonment for a term of more than one year, the other spouse has the right to file for divorce.
   • The criminal act must be severe, and the imprisonment must be related to a serious offense that affects the marriage.
5. Physical or Mental Abuse:
   • Physical abuse, including domestic violence, is a ground for divorce in Thailand. This also includes mental abuse, which can be more challenging to prove but is equally valid.
   • Medical records, police reports, or witness testimonies are often required to substantiate claims of abuse.
6. Failure to Provide Maintenance:
   • If one spouse fails to fulfill their obligation to provide financial support or maintenance to the family, this can be grounds for divorce.
   • This ground is particularly relevant in cases where one spouse is financially dependent on the other, and the failure to provide support leads to significant hardship.
7. Incurable Insanity:
   • If a spouse is diagnosed with incurable insanity and is confined to a mental institution, the other spouse may seek a divorce.
   • Medical certification is required to prove that the condition is incurable and that it significantly impacts the marriage.
8. Disappearance:
   • If a spouse has disappeared and has been missing for more than three years, the remaining spouse may file for divorce.
   • The disappearance must be verified, and the spouse must have made reasonable efforts to locate the missing partner.
9. Refusal of Conjugal Rights:
   • A refusal to engage in marital relations for an extended period without a reasonable cause can be grounds for divorce. This often includes situations where one spouse refuses to have sexual relations, leading to the breakdown of the marriage.
   • This ground requires evidence that the refusal was unjustified and led to significant marital discord.

Practical Considerations

Divorce in Thailand, especially on contested grounds, involves several practical considerations:

1. Evidence and Documentation:
   • In contested divorces, the burden of proof lies with the spouse seeking the divorce. Collecting evidence, such as financial records, communication records, or witness statements, is crucial to substantiating the grounds for divorce.
2. Court Proceedings:
   • Contested divorces are resolved in court, where the judge will evaluate the evidence and determine whether the grounds for divorce are valid. The court may also make decisions regarding child custody, division of assets, and spousal support.
3. Cultural and Social Factors:
   • Divorce in Thailand, while legally straightforward, can be influenced by cultural and social factors. Family expectations, social stigma, and religious beliefs may play a role in how divorce is perceived and handled.
4. Legal Representation:
   • Given the complexities involved in contested divorces, it is advisable to seek legal representation. A lawyer can help navigate the legal system, gather necessary evidence, and advocate for the client's interests.
5. Impact on Children:
   • In cases involving children, the court will prioritize the best interests of the child when making decisions about custody and support. Both parents are encouraged to work together to ensure that the child's needs are met.
6. Asset Division:
   • Thai law follows the principle of community property, meaning that assets acquired during the marriage are typically divided equally between the spouses. However, the division of assets can be complicated, especially in cases involving businesses, investments, or international assets.

Conclusion

Divorce in Thailand is a process governed by specific legal grounds that must be proven for the dissolution of a marriage. Whether through mutual consent or contested proceedings, the process requires careful consideration of legal, cultural, and practical factors. Understanding the grounds for divorce and the legal procedures involved is essential for anyone navigating this complex and often emotionally challenging process.

For those facing divorce in Thailand, seeking professional legal advice is crucial to ensuring that their rights are protected and that the divorce is handled in a manner that minimizes conflict and supports a fair resolution.