Grounds for Divorce Under Thai Law
A clear summary of the statutory grounds for divorce under Section 1516 of the Thai Civil and Commercial Code, for anyone considering filing for divorce.
In Thailand you cannot file for divorce simply because you “no longer want to be married.” A contested divorce requires statutory grounds set out in Section 1516 of the Civil and Commercial Code. This article summarises the main grounds in plain language.
Grounds under Section 1516
- Adultery or an affair — one spouse maintains or honours another person as a husband or wife, commits adultery, or has a lover.
- Serious misconduct — whether or not it is a criminal offence, if it causes the other spouse shame, contempt, or harm.
- Physical or mental abuse, or serious insult to the other spouse or their parents.
- Wilful desertion for more than one year.
- Declared a missing person by the court, or having left the domicile for more than three years with no certainty of being alive.
- Failure to provide proper support and maintenance, or acting seriously against the marital relationship.
- Continuous insanity for more than three years to a degree that makes cohabitation unbearable.
- Breach of a written bond on good behaviour.
- Living separately for more than three years because they cannot live together peacefully, or imprisonment for more than three years.
- A serious, dangerous communicable disease, or a physical condition that permanently prevents living together as spouses.
Note: many grounds have details and exceptions — for example, if the other party consented or forgave the act, that ground may no longer be available. Whether your facts fit a particular ground should be assessed with a lawyer.
Consent divorce vs. divorce by judgment
- Divorce by mutual consent — both parties agree, sign a divorce agreement, and register the divorce at the district office. This is the fastest and most economical route.
- Divorce by judgment (contested) — when the parties cannot agree, one must rely on the grounds above and prove them with evidence in court.
What to prepare before filing
- Marriage certificate and identification documents
- Evidence relating to the ground for divorce (messages, photos, witnesses, etc.)
- Information on assets, marital property, and debts
- Information about children (if any) for custody and support
Divorce involves legal detail and time limits to watch. Consulting a lawyer early lets you plan your case with confidence and reduce risk.