Marriage registration as well as Divorce in Thailand creates many issues when you are holding onto property in Thailand. Although Buddhism has been the primary religion in Thailand, it may seem as a shock to see that marriages can be easily terminated by undergoing civil enacted divorce. As many other countries, divorce cases in Thailand has increased in the past few years.
Divorce in Thailand
Divorce in Thailand is classified into two categories. The first one is the uncontested divorce, which takes effect by mutual consent of both parties. This type of divorce can easily be applied for at the local district office or Amphur. The contested divorce on the other hand is the type pursued by the spouse who does not condone of the dissolution of their marriage – thus needing court intervention. The contested divorce requires the spouse who is seeking for the divorce to prove that aground for divorce exists. Such grounds for divorce include:
- Adultery
This pertains to the husband giving maintenance or honored another woman as his wife, or vice versa;
- Gross Misconduct
One spouse is found guilty of misconduct, causing the other spouse to be seriously ashamed; or seriously insulted and hated; or suffer excessive injury or trouble;
- Cruelty
One spouse has inflicted serious harm or torture physically or mentally to the other; or has seriously insulted the other and his or her ascendants;
- Desertion
One spouse has left the other for more than one year; or one has been sentenced by the court and imprisoned for more than a year under the offense which has been committed without the knowledge, participation and consent of the other, causing trouble or injury if both continue to cohabit as husband and wife; or both spouses have voluntarily decided to live separately due to being unable to live peacefully for more than three years, or have been living separately by court order;
- Disappearance
One spouse has been found to have left his or her residence or have disappeared for more than three years with uncertainty of whether he or she is still alive;
- Non-Support
One spouse has been failing to provide proper maintenance and support to the other; or has committed acts damaging the relationship to the extent that it has caused the other excessive trouble making cohabitation as husband and wife become an issue;
- Insanity
One spouse has been found to be insane continuously for more than three years, and having such condition hardly curable making the continuance of the marriage not possible;
- Breach of the bond for Good Behavior
One spouse has broken the vow of good behavior executed by him or her;
- Communicable Disease
One spouse has been suffering a contagious, incurable disease which may cause harm to the other;
- One spouse has a physical defect or disadvantage which makes him or her permanently unable to cohabit properly as husband and wife;
These are the reasons for a divorce in Thailand which you might not know that the courts in Thailand will require a reason for the divorce when getting a divorce in Thailand. Speak to a lawyer in Thailand for advice when it comes to your property.
