1. Types of Legal Divorce
Terminating a legal relationship or divorcing in Thailand is divided into two main types, which differ significantly in complexity and procedure:
- Uncontested Divorce (Mutual Consent):The easiest method. If both parties agree, they can register the divorce at the district office in the presence of two witnesses.
- Contested Divorce (By Court Judgment):Occurs when one party refuses to divorce or when agreements on assets and children cannot be reached, requiring court intervention.
2. Common Grounds for Contested Divorce
To file for a contested divorce, the law requires specific 'grounds for divorce.' Falling out of love is not legally sufficient. Common grounds include:
- Adultery:A spouse openly maintains or treats another person as a husband/wife, or has regular intimate relationships with someone else.
- Physical or Mental Abuse:Inflicting severe physical harm, torture, or serious insults and defamation against the other spouse.
- Desertion:Intentionally abandoning the other party for more than 1 year, or living separately due to an inability to cohabit peacefully for over 3 years.
3. Division of Assets and Debts
Financial matters are a primary source of post-marital disputes. The basic principles for dividing assets are:
- Personal Property (Sin Suan Tua):Assets acquired before marriage or received as an inheritance or gift. These 'do not need to be divided' and remain with the original owner.
- Marital Property (Sin Somros):Assets acquired together after marriage (including fruits of personal property). By law, these must be 'divided equally' in half.
- Marital Debts:Debts incurred jointly or for household expenses must be repaid jointly by both parties.
4. Child Custody Rights
The most sensitive issue is agreeing on the children. In a mutual consent divorce, the couple can agree on who gets custody or choose joint custody.
In a contested divorce, the court will decide based on the 'child's ultimate happiness and best interests.' This doesn't automatically favor the mother or father, but rather the parent most capable of providing a stable environment.
Conclusion
Divorce is not an outcome anyone desires. However, when a marriage reaches the point of separation, understanding the law helps mitigate intense conflicts.
Reaching a compromise, with the child's best interests at heart, is the most constructive solution. It allows both parties to embark on a new chapter of their lives fairly and peacefully.