Contested Divorce in Thailand
A Contested Divorce is another option for couples whose marriage had been registered in Thailand but have decided to end their marriages permanently and legally. This form of divorce entails significant financial as well as emotional expenditures from all involved parties. Financial because the involved parties need to have their own lawyers to guide them through the legal process and laws of Thailand. Aside from that, this type of divorce needs the decision of the court and this also means court fees have to be paid too. Furthermore, expenses like transportation and the like also exist especially that Contested Divorces cannot be resolve on one hearing alone unless of course on the first hearing, both parties reached an agreement to settle their differences through Uncontested Divorce. There are two reasons why a termination of marriage in Thailand needs to be done through a Contested Divorce and these are:
- A party has a valid reason to terminate his/her marriage but the other party is not willing to end such marriage.
- If amicable settlement of issues such as on properties and or the custody of children is not possible.
What if the divorcing couple’s marriage is not registered in Thailand?On general sense, only couples whose marriages are registered in Thailand can avail of this option to terminate their marriage. However, couples whose marriage are not registered in the Kingdom may file for and request the Thai courts to take hold and assume jurisdiction of such divorce basing on the following concrete reasons:
- One party is a Thai national.
- One party or both parties have been working and residing in Thailand for a certain length of time.
What are the basis for a Contested Divorce in Thailand?Basing on the Civil and Commercial Code of Thailand, one party cannot simply file for divorce if there is no solid reason to do so and such ground for divorce could be one or more of the following:
- The husband has another woman as his wife when his marriage with another is not yet legally terminated.
- The wife has committed adulterous acts.
- A party’s guilt is established to have done a misconduct.
- A party has cause grave bodily or emotional harm on the other party.
- A party has gravely insulted the other party or his/her ascendants.
- A party has deserted the other for not less than a year.
- A party has been sent to prison for not less than a year.
- Both parties have a mutual decision to live apart from one another for not less than three years.
- The involved parties lived apart for not less than three years.
- A party has left the marital abode for not less than three years.
- A failure of one party in providing maintenance or support to the other party.
- A party has been suffering from mental illness for not less than three years.
- A party broke the bond of good behavior.
- A party is a carrier or is suffering from serious and communicable disease.
- A party has a physical disadvantage.