Defending a divorce occurs in most divorces in Thailand for a number of reasons. There will always be issues about property and child custody and these are the two most important issues. Defending the divorce is important and there may also be a claim in the divorce for damages. This is usually linked to the reason for the divorce.

Defending a DivorceDefending a Divorce

Defending the divorce takes proper legal advice as well as guidance. There are a number of reason for divorce in Thailand but the most common is that there are gambling debts or an extra marital affair. There is also the unrealistic expectation from the in-laws and this creates additional pressure. Proper legal advice at this stage is very important.

Extramarital Affairs

Extra marital affairs in terms of the Civil and Commercial Code would fall under to Section 1516 both 1 and 2 which is that you are maintaining another as a wife and number 2 being that you have embarrassed your wife. The defense most times is that there was permission for this from the other party. Thailand has a culture of having a second or third wife unofficially so it is not uncommon to find someone with more than one wife. The first wife being the legal wife and the other a secondary “mia noi” or minor wife. Defending a divorce becomes very important.

Illness

This would make for a complicated divorce as either your wife will have a guardian appointed or you would be the person who is going to defend a divorce based on an incurable illness or insanity due to mental torture. The only defense here is to show that you had not been the person who gave you wife AIDS or other illness such as Hepatitis. You would have to prove that she had these illnesses before or that someone else had given her the illness as you do not have the illness. These are very complex and expensive divorces and more likely most would simple settle issue out of court as it would be a costly and lengthy legal case. Defending a divorce under these circumstances can be costly.

Good Bonds of Marriage

This is a very wide definition however good bonds of marriage in an Asian context might not be the same as that what you would expect in the US. There are a number of good examples as most divorces in rural Thailand such as Isaan is not extra marital affairs or gambling debts but because the foreigner (being you) refuses to buy the family what they want and are causing an embarrassment to the family. The differences in the culture tend to show when it comes to what they expect from a foreigner and how they expect you to use your money and treat the family.

Cultural differences plus social strata differences between the class groups raises it head. The courts are well aware of what would be considered reasonable between two different cultures, so being sued for damages on this bases will not go very far.

Also speak to a family lawyer when getting divorced in Thailand as this website only gives you a very brief overview.

https://www.thailand-divorceamerican.com/wp-content/uploads/2019/10/pexels-photo-1089549-1024x683.jpeghttps://www.thailand-divorceamerican.com/wp-content/uploads/2019/10/pexels-photo-1089549-150x150.jpegadmin09Divorce in ThailandDivorce LitigationDefending a divorce occurs in most divorces in Thailand for a number of reasons. There will always be issues about property and child custody and these are the two most important issues. Defending the divorce is important and there may also be a claim in the divorce for damages....What Americas should know about divorce