Infidelity and its impact on marriage
Infidelity is something that no one wants to happen because it can lead to family problems. Some couples can forgive each other, but others end up fighting or even resorting to violence. However, Thai law provides guidelines for dealing with cases where infidelity leads to divorce.
How to file for divorce under Thai law
If a couple wants to divorce, there are two ways to do so:
- Divorce by Consent – Spouses can reach an agreement and register their divorce at the district office, with witnesses and in accordance with legal requirements.
- Divorce – If either party does not consent, the law allows a lawsuit to be filed with the Juvenile and Family Court, with clear reasons as provided in Section 1516 of the Civil and Commercial Code, such as:
- Spouse has an affair or inappropriate behavior
- No foster care
- Have mental health problems or serious illnesses that cannot coexist
- The conflict is so severe that coexistence is impossible.
Is it possible to sue an adulterer but not get a divorce?
The law allows for adultery to be sued for damages under Section 1523 of the Civil and Commercial Code even if the plaintiff does not wish to divorce. This means that a spouse can seek damages from someone who had an adulterous relationship with their husband or wife without having to file for divorce.
Marriage equality law and divorce
The amendment of the Civil and Commercial Code (No. 24) B.E. 2567 has guaranteed the rights of same-sex couples, which means that divorce and adultery lawsuits can be filed according to the same principles as opposite-sex couples.
summarize
- Divorce There are two methods: divorce by mutual consent and divorce by filing for divorce.
- Adultery lawsuit It can be done without divorce to claim compensation.
- Marriage Equality Act Give couples of all genders the right to file for divorce and adultery.