This Code comprises the main body of laws of Thailand and regulates many aspects of Thai law. Section 1502 states that divorce may be effected only by mutual consent or by judgment of the court. The grounds of action for divorce are set out at Section 1516 and do not discriminate between genders. The grounds include unfaithfulness; misconduct that causes shame, excessive injury or trouble, or causes a spouse to be insulted or hated on account of being the spouse of the perpetrator; a spouse causes serious harm to the mind or body of the other or seriously insults the other’s ascendants; desertion or imprisonment; separate cohabitation; failure to provide maintenance or support; insanity; incurable and communicable disease or physical disadvantage so that cohabitation is not possible; and breaking a bond of good behavior. There are certain circumstances in which a spouse may not be able rely on one of these grounds for divorce, including: (1) they instituted, consented, or conspired to the act or caused it (in relation to physical disadvantage), or (2) the ground of action is minor or of no importance in relation to peaceful cohabitation. The right to institute an action for divorce is terminated if the spouse entitled has committed any act showing his or her forgiveness (Section 1518). According to Section 1533 upon divorce, the marital assets shall be divided equally and under Section 1535, the spouses would be equally liable for common debts. The remedies for divorce include a right for the aggrieved to claim compensation or living allowances.
Thai laws available here.
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