Damages in Divorce
Damages in divorce can be difficult as well as costly. When you have been severed with notice of a divorce, you are best advised to consult a divorce lawyer in Thailand. Damages in a divorce are not uncommon especially when there is property and other investments at stake which may be in Thailand. If you ignore the notice, you may very well lose everything you own in Thailand and be sued for damages in the divorce. You do not want to get entangled with the police and courts later either. These are damages in divorce in Thailand.
Damages in Divorce
Thai law allows for a divorce based on adultery. In terms of Section 1516 (1) of the Civil and Commercial Code this is one of the reason for granting a divorce in Thailand. Further in Section 1523 you can also sue for damages. If you have the ability to prove this then there may be some leverage on your part when it comes to the divorce and you might be able to negotiate better conditions in terms of property or child custody for putting aside the claim for damages in divorce.
If however it is the other way around then you will need consider you options as well. Many times this is because the person had a “mia noi” or minor wife. If you can prove that permission was given for this by your wife then you might stand in a better position. You would either need to prove permission or that the claim is false. Alternatively have a very good lawyer if these fail.
Disappearance / Separation
Another reason for getting divorced is if your spouse had disappeared or where you no longer live as husband and wife for more than 3 continues years. The can also be damages claims if you are getting divorced because of physical or mental torture. Under Section 1516 (3) (4) or (6) of the act there are a number of reasons for the divorce and many do open the door to a claim of damages. Always speak to a divorce lawyer in Thailand in this regards.
Compensation has many options as it does not need to once off. Compensation can take a number of forms such as assets as well as annual or monthly payments. The courts will decide how this gets done. The options are either payments or a reduction in assets during the divorce. Again you will need to take legal advice as they will look at income and assets as well as lifestyle to work out compensation. Note however that is your wife has been declared insane or with an incurable illness there may be a living allowance given as well.
Under Thai law there is no need for fault to be proven in this situation. There is Section 1526 which allows for the person who is not at fault to file for compensation by way of a living allowance if the divorce will leave them destitute. You will however note that this will fall away if the person get married again. Having said that however the likelihood of that happening may be very slim.
Take proper legal advice from a family lawyer in Thailand as this is only a brief breakdown of the options and possibilities when it comes to damages in divorce in Thailand.
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