Adultery and Divorce

[stubuzz]

Does adultery need to be reported before a divorce is filed?

[ThailandRyan]

My deepest condolences.  Your call if you want to get the police involved.  Best to hire an attorney and ensure they have all of the information, obviously copies of the proof, if you have any monetary stakes involved as well as children.  IF not and nothing to be lost, just do a simple divorce if both in agreement.  I lived through this, and walked after assessing if I was loosing anything which could not be replaced and more lost by hiring a lawyer.  The ex agreed to put the house and property in our daughters name, no child support requested as the new husband is a multi millionaire, but I still give the daughter money and have a college fund set-up for her as I am still her father.

[simon43]

Under Thai law, you are legally entitled to financial compensation from the man involved ????

[Liverpool Lou]

5 minutes ago, stubuzz said:

Does adultery need to be reported before a divorce is filed?

Reported to whom?   It's not illegal.

[Liverpool Lou]

2 minutes ago, simon43 said:

Under Thai law, you are legally entitled to financial compensation from the man involved

Since when?

[KannikaP]

26 minutes ago, simon43 said:

Under Thai law, you are legally entitled to financial compensation from the man involved ????

The OP did not say whether it was he or his wife committing the adultery.

[Sparktrader]

31 minutes ago, simon43 said:

Under Thai law, you are legally entitled to financial compensation from the man involved ????

Photos?

[ThailandRyan]

34 minutes ago, Liverpool Lou said:

Since when?

Best you read up on the law

 

Adultery is defined in Thai law as either a validly married woman having consensual sexual intercourse with a man who is not her husband or a validly married man having consensual sexual intercourse with a woman validly married to another. In some countries adultery is a crime, but in Thailand it is not.

Section 1523. Spousal Compensation

 

In case of divorce by judgment of the Court on the ground as provided in Section 1516 (1), the husband or wife is entitled to compensation from the husband or wife and other woman or adulterer, as the case may be.

The husband is entitled to claim compensation from any person who has wrongfully taken liberties with his wife in an adulterous manner, and the wife is entitled to claim compensation from other woman who has openly shown her adulterous relations with the former's husband. However, the husband or wife is not entitled to claim compensation if he or she has consented to or connived at the act done by other party under Section 1516 (1) or allowed other person to act as provided in paragraph two.

er woman.

Edited September 12, 2022 by ThailandRyan

[ChaiyaTH]

53 minutes ago, simon43 said:

Under Thai law, you are legally entitled to financial compensation from the man involved ????

I thought that was old Thai laws that were changed, I have most Thai law books from ASEAN as well a old one, very interesting how it was in the old days, you would basically own the woman.

 

The books are dusting away in a storage unit else I would take some photos, forgot all the facts and details.

Edited September 12, 2022 by ChaiyaTH

[OneMoreFarang]

52 minutes ago, ThailandRyan said:

Best you read up on the law

 

Adultery is defined in Thai law as either a validly married woman having consensual sexual intercourse with a man who is not her husband or a validly married man having consensual sexual intercourse with a woman validly married to another. In some countries adultery is a crime, but in Thailand it is not.

Section 1523. Spousal Compensation

 

In case of divorce by judgment of the Court on the ground as provided in Section 1516 (1), the husband or wife is entitled to compensation from the husband or wife and other woman or adulterer, as the case may be.

The husband is entitled to claim compensation from any person who has wrongfully taken liberties with his wife in an adulterous manner, and the wife is entitled to claim compensation from other woman who has openly shown her adulterous relations with the former's husband. However, the husband or wife is not entitled to claim compensation if he or she has consented to or connived at the act done by other party under Section 1516 (1) or allowed other person to act as provided in paragraph two.

er woman.

Keeping in mind typical fees in Thailand, like maybe 1000B or 5000B what is the amount of such compensation?

I.e. if A can prove that B saw C two times in a short time hotel, what is the compensation? 2000B? Or maybe 20k? I can't imagine such compensation is 6 digits or more. And what's the point of involving lawyer if it's maybe 20k?

[Berkshire]

56 minutes ago, ThailandRyan said:

Best you read up on the law

 

Adultery is defined in Thai law as either a validly married woman having consensual sexual intercourse with a man who is not her husband or a validly married man having consensual sexual intercourse with a woman validly married to another. In some countries adultery is a crime, but in Thailand it is not.

Section 1523. Spousal Compensation

 

In case of divorce by judgment of the Court on the ground as provided in Section 1516 (1), the husband or wife is entitled to compensation from the husband or wife and other woman or adulterer, as the case may be.

The husband is entitled to claim compensation from any person who has wrongfully taken liberties with his wife in an adulterous manner, and the wife is entitled to claim compensation from other woman who has openly shown her adulterous relations with the former's husband. However, the husband or wife is not entitled to claim compensation if he or she has consented to or connived at the act done by other party under Section 1516 (1) or allowed other person to act as provided in paragraph two.

er woman.

I wonder if this law has ever been enforced.  As another reader asked, how much compensation?  How can the courts force the person to pay?  Appeals?  And what if the person who cheated with your wife claims that she swears she was not married?  The guy can sue the wife for lying about her marital status? 

 

Anyways, perhaps a well-meaning law, but not real practical or even enforceable.

[ThailandRyan]

33 minutes ago, OneMoreFarang said:

Keeping in mind typical fees in Thailand, like maybe 1000B or 5000B what is the amount of such compensation?

I.e. if A can prove that B saw C two times in a short time hotel, what is the compensation? 2000B? Or maybe 20k? I can't imagine such compensation is 6 digits or more. And what's the point of involving lawyer if it's maybe 20k?

Ergo why I just did an amicable divorce and let her go with her new man whom she married .....easy to get what I wanted as far as the divorce went..

[stubuzz]

2 hours ago, ThailandRyan said:

Best you read up on the law

 

Adultery is defined in Thai law as either a validly married woman having consensual sexual intercourse with a man who is not her husband or a validly married man having consensual sexual intercourse with a woman validly married to another. In some countries adultery is a crime, but in Thailand it is not.

Section 1523. Spousal Compensation

 

In case of divorce by judgment of the Court on the ground as provided in Section 1516 (1), the husband or wife is entitled to compensation from the husband or wife and other woman or adulterer, as the case may be.

The husband is entitled to claim compensation from any person who has wrongfully taken liberties with his wife in an adulterous manner, and the wife is entitled to claim compensation from other woman who has openly shown her adulterous relations with the former's husband. However, the husband or wife is not entitled to claim compensation if he or she has consented to or connived at the act done by other party under Section 1516 (1) or allowed other person to act as provided in paragraph two.

This will be used as a bargaining chip.

[ThailandRyan]

4 minutes ago, stubuzz said:

This will be used as a bargaining chip.

It was in mine and is why it became an Amphur divorce without lawyers and a signed written agreement.  

[MikeyIdea]

What matters is that family court doesn't care. Its just another common reason why people want to divorce