Professional Legal Assistance for Family Disputes
Family law matters can be complex and emotionally challenging, particularly when they involve divorce, marital property, financial support, parental authority, or the legal recognition of children.
At Anan Legal Services, we provide legal consultation and representation in family law matters under the Thai Civil and Commercial Code.
Our services cover divorce proceedings, division of marital property, child and spousal maintenance, parental authority, and paternity recognition.
1. Divorce Cases in Thailand
When spouses can no longer continue their marriage, they may mutually agree to divorce by registering the divorce at a district office in Thailand.
However, when one spouse refuses to consent to the divorce, the other spouse may need to initiate legal proceedings before the court.
Under Section 1516 of the Thai Civil and Commercial Code, a spouse may file for divorce when the circumstances meet one or more legally recognized grounds.
Legal Grounds for Divorce Under Section 1516
1. Adultery or Extramarital Relationships
If one spouse maintains or publicly recognizes another person as a spouse, commits adultery, habitually engages in sexual relations with another person, or habitually engages in other sexual acts specified by law, the other spouse may have grounds to file for divorce.
2. Serious Misconduct
If one spouse engages in serious misconduct, whether or not the conduct constitutes a criminal offense, and such conduct causes the other spouse:
- Severe humiliation
- Contempt or hatred arising from remaining married to the offending spouse
- Excessive damage or hardship considering the circumstances of the marriage
The affected spouse may have grounds to file for divorce.
3. Physical or Mental Abuse
If one spouse seriously physically or mentally abuses, tortures, defames, insults, or humiliates the other spouse or the other spouse’s parents, the affected spouse may seek a divorce.
4. Intentional Abandonment
If one spouse intentionally abandons the other spouse for more than one year, the abandoned spouse may file for divorce.
5. Imprisonment Following a Final Court Judgment
If one spouse has been imprisoned for more than one year following a final judgment for an offense in which the other spouse was not involved, and continuing the marriage would cause excessive hardship, the affected spouse may seek a divorce.
6. Separation for More Than Three Years
If spouses have voluntarily lived separately for more than three years because they cannot live together peacefully, or have been separated by court order for more than three years, either spouse may file for divorce.
7. Disappearance or Absence
If one spouse has been declared missing by a court or has been absent from their residence for more than three years without anyone knowing whether they are alive, the other spouse may file for divorce.
8. Failure to Provide Support
If one spouse fails to provide reasonable financial or personal support, or seriously acts against the marital relationship, causing excessive hardship to the other spouse, divorce proceedings may be initiated.
9. Severe and Incurable Mental Illness
If one spouse has suffered from a serious mental illness for more than three years, the condition is unlikely to be cured, and continuing the marriage is no longer reasonably possible, the other spouse may seek a divorce.
10. Violation of a Written Agreement Regarding Conduct
If one spouse violates a written agreement concerning marital conduct, the other spouse may have grounds to file for divorce.
11. Serious Communicable Disease
If one spouse suffers from a serious, chronic, and incurable communicable disease that may endanger the other spouse, divorce may be sought under the applicable legal provisions.
12. Permanent Physical Incapacity
If one spouse has a permanent physical condition preventing sexual intercourse or other intimate acts specified by law, the other spouse may have grounds to file for divorce.
Claims for Compensation Arising from Adultery
Under Section 1523 of the Thai Civil and Commercial Code, a legally married spouse may be entitled to claim compensation from a third party involved in an extramarital relationship, subject to the statutory requirements.
The claim is generally subject to a one-year limitation period from the date the claimant becomes aware of the relevant conduct and the identity of the third party.
Depending on the circumstances, a compensation claim may be brought without filing for divorce.
2. Division of Marital Property
The division of marital property is an important issue in divorce proceedings.
Under Section 1533 of the Thai Civil and Commercial Code, marital property is generally divided equally between the spouses.
Thai law distinguishes between separate property and marital property.
Separate Property Under Section 1471
Separate property generally includes:
- Property owned by either spouse before marriage.
- Personal belongings, clothing, jewelry appropriate to the spouse’s status, and tools or equipment necessary for their occupation or profession.
- Property acquired during marriage through inheritance or a gratuitous gift.
- Engagement gifts recognized as separate property under the law.
Marital Property Under Section 1474
Marital property generally includes:
- Property acquired by either spouse during the marriage.
- Property received through a will or written gift during the marriage when the document expressly identifies it as marital property.
- Income or fruits generated from separate property.
Where there is uncertainty as to whether an asset constitutes marital property, Thai law generally presumes that it is marital property.
Our legal services include assistance with disputes concerning the classification and division of marital assets.
3. Child Support and Spousal Maintenance Cases
Financial support is another important matter in family law disputes, particularly following separation or divorce.
Legal claims for maintenance may arise between spouses or between parents and children when one party fails to provide appropriate financial support.
Under Sections 1598/38 and 1564 of the Thai Civil and Commercial Code, financial support obligations are determined according to the applicable legal requirements.
Factors Considered by the Court
The court may consider:
- The financial ability of the person required to provide support
- The financial circumstances and needs of the recipient
- The relationship between the parties
- The circumstances surrounding the dispute
- Other relevant facts presented to the court
Thai law also establishes parental obligations to provide maintenance and education for children, including certain adult children who are unable to support themselves due to qualifying disabilities.
Our law firm provides legal assistance in matters involving child support, spousal maintenance, and related financial disputes.
4. Parental Authority and Child Custody Cases
Disputes concerning parental authority may arise following divorce, separation, or disagreements between parents.
Our family law services include legal assistance with:
- Applications concerning the exercise of parental authority
- Court proceedings relating to parental authority
- Applications for the withdrawal of parental authority
These proceedings involve important legal considerations concerning parental rights and responsibilities.
5. Paternity Recognition and Child Legitimation Cases
Paternity recognition cases involve establishing the legal relationship between a father and a child.
In certain circumstances, a biological father may need to obtain a court judgment confirming his legal status as the child’s father before registering that status with the relevant district office.
Examples of Paternity Recognition Cases
Example 1: A Child Born Outside a Registered Marriage
A legally married man has a child with another woman.
The child’s mother may seek legal recognition of the child’s paternity through the appropriate legal procedures.
Example 2: A Foreign Father and a Thai Child
A foreign national is legally married in his home country but resides in Thailand and has a child with a Thai woman.
Where the child is too young to provide the consent required for administrative registration, court proceedings may be necessary to establish legal paternity.
The father may file a petition with the court requesting a judgment confirming his paternity.
Once the court issues the relevant order, the legal status may be registered with the district office in accordance with the applicable procedures.
Our law firm provides legal assistance with paternity recognition, child legitimation, and related court proceedings.
Contact Anan Legal Services
If you require legal assistance with divorce proceedings, division of marital property, child support, parental authority, or paternity recognition in Thailand, please contact our law firm.
Anan Legal Services
Contact Person: Mr. Anan Suthon
Tel / WhatsApp: +66 81 750 3053
We provide professional legal consultation and representation in family law matters in Thailand.