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Basis for divorce in Thailand

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Grounds for Divorce in Thailand

Grounds and Reasons for Divorce in Thailand. Divorce statistics in Thailand are not well known, but there are the most common reasons for divorce on a global scale.

Causes for Divorce Worldwide

An annual study conducted in the UK estimates the main reasons for divorce based on surveys of marriage attorneys. The top reasons in 2014 were:

  • Inmarital relationships - 27%
  • Family strains - 18%
  • Emotional/physical abuse - 17%
  • Middle-age crisis - 13%
  • Addictions. For example, alcoholism and gambling - 6%
  • Workaholism - 6%

According to this survey, men engaged in extramarital relationships accounted for 75% of cases, and women for only 25%. In cases of marital strain, women were the primary source who named strain as their cause, with 78% compared to 22% for men. Emotional and physical abuse were more evenly distributed, with women suffering at 60% and men at 40%. In divorce related to workaholism, men accounted for 70% of the total, while women accounted for the remaining 30%.

A 2004 survey showed that 93% of divorces were filed by women, very few of which were contested. 53% of divorces had marriages that lasted 10-15 years, and 40% of divorces after 5-10 years. The first five years have virtually no divorce, and if a marriage lasts more than 20 years, it is unlikely to end in divorce.

Marriage Divorce History

Divorce in Thailand has many consequences. Looking back in history, divorce has long existed in civilizations dating as far back as ancient Mesopotamia. The ancient Athenians freely allowed divorce, but the person requesting the divorce had to file a request with the magistrate. The magistrate then determined whether the reasons given were sufficient.

Divorce was rare in early Roman culture. As society developed, however, Roman civil law embraced the maxim "matrimonia debent esse libera" ("marriage should be free"), and a husband or wife could refuse to marry at will.

Later, marriages were considered subject to civil contracts, and the civil authorities gradually asserted their authority to decree divorce. Since no precedents defined the circumstances under which a marriage could be dissolved, the civil authorities relied heavily on the church courts.

Bases for divorce in Thailand

  1. 3xseparation period
  2. One spouse left the other more than a year ago
  3. The husband took another woman as his wife
  4. The wife committed adultery
  5. One spouse is guilty of misconduct (criminal or otherwise)
  6. One spouse caused physical or mental harm to the other
  7. Lack of care and support
  8. One spouse has had incurable insanity for at least three years
  9. One spouse has broken the bond of good behavior
  10. One spouse has an incurable contagious and dangerous disease
  11. One of the spouses has a physical disability, so he or she cannot cohabit as husband or wife.
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Update: 23-02-2023
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