I want to divorce my partner. What grounds for divorce are legally valid in Thailand?

In Thailand, divorce requires the submission of grounds, which each party must present when filing their divorce petition in court. These grounds are listed in Section 1516 of the Thai Civil and Commercial Code. It is important to note, however, that these grounds must be sufficiently substantiated in court, otherwise the aggrieved party's request for legal separation will not be enforceable.

  • The husband has taken another woman as his wife.
  • The wife committed adultery.
  • One party has committed misconduct.
  • One party has seriously insulted the other spouse or their ancestors.
  • One party has caused physical or psychological harm to the other.
  • One party left the other party for a year.
  • One party was imprisoned for more than a year.
  • Both parties have been voluntarily separated for more than 3 years.
  • One party is guilty of not adequately caring for and supporting the other.
  • One party has been suffering from incurable madness for at least 3 years.
  • One spouse has broken the bond of good manners.
  • One party is suffering from an incurable, contagious, and dangerous disease.
  • One party has a physical disability that makes it impossible for them to live with their wife or husband.

    • As mentioned previously, if the disadvantaged party states a ground for divorce, they must consult their lawyer to ensure that their ground will hold up in court.

    Generally, the innocent or wronged spouse has the right to file for divorce. However, this is not absolute, as there may be cases where both spouses have committed an undesirable act, such as an extramarital affair. In such cases, either spouse can file for divorce.

    Further questions and answers can be found on the "Frequently Asked Questions" page of this website.