Thai Law Makes Breakdown of Marriage a Legal Ground for Divorce

by Admin on May 12, 2023

 

On May 1, 2023, the Supreme Court of India ruled that it can exercise its powers under Article 142(1) of the Constitution to grant divorce on the ground of “irretrievable breakdown” of a marriage — whether it is by mutual consent, or even if one of the parties opposes it.  However, conditions apply, Other factors that would be taken into  consideration are:  the last time the married couple have lived together, the kind of claims made by husband and wife, court commands issued during proceedings, and the increasing impact on the relationship, including efforts to resolve disagreements using court mediation. Furthermore, matters regarding child custody, separation allowance for the other spouse, as well as the children’s rights to basic care have to be taken into consideration.

Thailand Civil and Commercial Code Section 1514 defines divorce as that it may be effected only by mutual consent or by judgment of the Court and Section 1516 lays out the grounds for divorce.  According to Thailand divorce lawyer, Suthida Thongkwan,  in actual practice, an administrative divorce, at the District office, does not require a reason for divorce.  An administrative divorce can be obtained by mutual consent, without referring to any reason, or “ground” for divorce.  However for divorces in Thailand Courts, the Thailand law still requires the Plaintiff to prove one of the specified ground for divorce in Thailand law.

Photo credit: Tony Guyton

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