Can my Thai Wife Divorce me?

[Maestro]

Take a look at the Thai CCC. Reasons for a contested divorce Can be found in Sec 1516 and how you describe the situation it will be difficult for her to divorce you.

Section 1516 of the Civil and Commercial code:

Section 1516

Grounds of action for divorce are as follows:

(1) The husband has given maintenance to or honored such other woman as his wife, or the

wife has committed adultery, the other spouse may enter a claim for divorce;

(2) One spouse is guilty of misconduct, notwithstanding whether such misconduct is a

criminal offence or not, if it causes the other:

(a) To be seriously ashamed;

( b ) To be insulted of hated or account of continuance of being husband or wife of the

spouse having committed the misconduct; or

( c ) To sustain excessive injury or trouble where the condition, position and

cohabitation as husband and wife are taken into consideration; the latter may

enter a claim for divorce;

(3) One spouse has caused serious harm or torture to the body or mind of the other, or has

seriously insulted the other or his or her ascendants; the latter may enter a claim for

divorce;

(4) One spouse has deserted the other for more than one year; the latter may enter a claim

for divorce;

(4/1) One spouse had been sentenced by a final judgment of the court and has been

imprisoned for more than one year in the offence committed without any participation,

consent or in the knowledge of the other, and the cohabitation as husband and wife will

cause the other party sustain excessive injury or trouble, the latter may enter a claim for

divorce;

(4/2) The husband and wife voluntarily live separately because of being unable to cohabit

peacefully for more than three years, or live separately for more than three years by the

order of the court; either spouse may enter a claim for divorce;

(5) One spouse has been adjudged to have disappeared, or as left his or her domicile or

residence for more than three years and being uncertain whether he or she is living or

dead;

(6) One spouse has failed to give proper maintenance and support to the other, or committed

acts seriously adverse to the relationship of husband and wife to such an extent that the

other has been in excessive trouble where the condition, position and cohabitation as

husband and wife are taking into consideration, the latter may enter a claim for divorce;

(7) One spouse has been an insane person for more than three years continuously and such

insanity is hardly curable so that the continuance of marriage cannot be expected, the

other may enter a claim for divorce;

(8) One spouse has broken a bond of good behavior executed by him or her, the other spouse

may enter a claim for divorce;

(9) One spouse is suffering from a communicable and dangerous disease which is incurable

and may cause injury to the other, the latter may file a claim for divorce;

(10) One spouse has a physical disadvantage so as to be permanently unable to cohabit as

husband and wife; the other may enter a claim for divorce.

Source: https://drive.google.com/file/d/0B34mNX-szfYVUU8xdTVDUnc0dVU/view?usp=sharing

Courtesy of www.ThaiLaws.com

Section 1516 is on page 206

[Furryman]

She can't divorce you if you don't marry her in the first place!

[godden]

just kick her out and find a new one i have 5 times already.

[Krataiboy]

There are two ways to divorce in Thailand. One is by mutual consent, which simply involves a couple applying to their local amphur (not necessarily that where the marriage was registered). You will need to produce the original marriage certificate, proof of identity and, if possible, a written Agreement, signed and witnessed, on the division of any assets acquired during the marriage - not least custody and access rights to any children.

The alternative is for your wife to sue for divorce in a Thai divorce court - though you must first accept counselling to see if the marriage can possibly be saved. To win a contested divorce, the petitioner has to prove legal grounds, such as cruelty or desertion (The complete list is available on numerous web sites run by Thai law firms).

If she has no other grounds, your wife can simply manufacture a breakdown of the marriage by leaving the marital home for a lengthy period (it was three years, but I gather it may be less now), after which she is able to petition the court - irrespective of your wishes.

A contested divorce would involve hiring lawyers and could be very costly. Proceedings are often lengthy, hard to follow for a falang with little or no Thai, and the outcome difficult to predict compared with a quickie amphur divorce any Agreement registered with the divorce documents has the force of law.

Frankly, if your partner is absolutely determined to end the marriage, putting yourself through the arduous and costly ritual of a contested divorce would be a masochistic way of buying some extra married time.

Good luck, whatever you decide.

[Furryman]

Frankly, if your partner is absolutely determined to end the marriage, putting yourself through the arduous and costly ritual of a contested divorce would be a masochistic way of buying some extra married time.

All joking aside, that is the best bit of advice I have seen in this thread.

[heybuz]

i want mine to divorce me so i can get my single pay back off centerlink

[SOTIRIOS]

....have you ever heard of......'lying'.....???

...truth generally has no bearing....

...and just the fact that she said she will.....it's over.....

...I hope that she did not take you for everything you had....

....if you were always considered 'good' or 'a good man'.....well..........good = stupid.....

...make sense now....???

[ozyjon]

I found it funny the Thai wife that stayed married

to a chap for 8 years only to divorce the guy and

keep all the assets, the guy walked out with

nothing, once they have everything they want,,

you are not needed any more, you are not Thai

so don't cry over your rights -- you have none--

you have the right to enter the kingdom

you have the right to bring in lots of money

you have the right to spend all of it on you darling

you have the right to leave once you are broke

NEXT please enter

[gyrosman]

Your lucky, run.

[Jim walker]

been good to her and done nothing wrong? If I support her, never cheat, and she has no good reason can she legally divorce me? Mental cruelty for being too good and honest . just sell her and buy a new one.

[freedom4life]

Off-course she can.

We are not in the middle ages anymore.

Most women certainly act as if they are...so divorce away, better for you.

[ScottMallon]

I wish people would simply answer the question and not be so negative

If you are married, you should know a little bit about Thailand and women and shouldn't need to come on this forum to ask this sort of question. Hence the negativity.

[smotherb]

Replying to: Can my Thai Wife Divorce me? The Answer: With all due respect, if you picked the right Thai women - there is no sane reason to even ask that rhetorical QUESTION. You can't prove me wrong on this issue - you certainly could on lots of other issues though I'll bet.

And, you certainly cannot prove yourself right either.

[smotherb]

just kick her out and find a new one i have 5 times already.

My my, you kicked-out the OP's wife five times?

[peterb17]

Why on earth do men get married here? Mmm visa?

[jaybas]

Flying....

to answer your question straight up.....YES

now, you have made 203 posts....you should by now know there are certain people who have nothing to do, are miserable or just plain mean people, that want nothing more than to try and make others as miserable as they are. its in their blood, they cant help themselves. They will go off topic because thats what they do. accept them as nobodies and just ignore their rants. Hope all works out for you.

[mikiea]

I guess the OP has never heard of the term "irreconcilable differences". Women don't divorce their spouses just for the sake of doing so; I would bet that the OP's wife has found a new sugar-daddy.

yea ... one that don't ask silly questions like "why" .

[mikiea]

I guess the OP has never heard of the term "irreconcilable differences". Women don't divorce their spouses just for the sake of doing so; I would bet that the OP's wife has found a new sugar-daddy.

You're saying more about yourself and the type of relationships you have (or don't have) than about the O/P.

hey ... how dare you ... i represent that ..........

[thailandforumaddict]

So its clear that if she knows that you will fight and refuse she can't divorce because it will cost her a lot !

[SGX]

Of course she can.

If your money runs out so will she.. buy her shoes the faster she moves.

Be concerned if you too nice to her. woman like you to be a man not a pussy

Different story if you divorce in muslim land.

https://en.wikipedia.org/wiki/Divorce_in_Islam

[SGX]

If she wants to divorce you she does not love you. So why would you want to fight it? Do you really want to stay with a woman that does not care about you?

Does anyone really believe that the old guy with the thirty years younger wife cares for him? If she does it will only be for financial reasons, she won't love him.

i use to think that at one stage, But at present, I have 2 babes best friends both 20 plus years younger than me, They very rich. A lot richer than me. Mind you they feel safe with me and content so whos complaining...

[bander]

Here is link to family law of Thailand: https://www.google.co.th/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=family%20law%20of%20thailand

[bander]

I wish people would simply answer the question and not be so negative

Read the Family Law Of Thailand: https://www.google.co.th/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=family%20law%20of%20thailand

[flyingsaucersarereal]

I wish people would simply answer the question and not be so negative

If you are married, you should know a little bit about Thailand and women and shouldn't need to come on this forum to ask this sort of question. Hence the negativity.

Love your Youtube channel Scott.

I read this post online and was just wondering if there was any truth to it. The person posting is saying as a man it is much easier to get a divorce then it is for the woman to get the divorce from the man.

http://www.bangkokpost.com/forum/viewtopic.php?f=27&t=303

Edited August 10, 2015 by flyingsaucersarereal

[lcp0761]

What if they were married outside of Thailand and once she said they wanted a divorce, he got lost (moved to another city in Thailand) with no way to track him.

I say this assuming he quickly changed the various bank account (foreign) online password and cancelled her ATM/bank cards.

Essentially cut her off where it hurts - her pocket.

NOTE --- I have a retirement visa vs a marriage visa as I don't want to scramble latter to change my visa if a separation/divorce occurs.

Comment??

[jacko45k]

Replying to: Can my Thai Wife Divorce me? The Answer: With all due respect, if you picked the right Thai women - there is no sane reason to even ask that rhetorical QUESTION. You can't prove me wrong on this issue - you certainly could on lots of other issues though I'll bet.

Is that a Yes, No or pass?

[Liquorice]

What if they were married outside of Thailand and once she said they wanted a divorce, he got lost (moved to another city in Thailand) with no way to track him.

I say this assuming he quickly changed the various bank account (foreign) online password and cancelled her ATM/bank cards.

Essentially cut her off where it hurts - her pocket.

NOTE --- I have a retirement visa vs a marriage visa as I don't want to scramble latter to change my visa if a separation/divorce occurs.

Comment??

There will always be a way to track you.............through Immigration!

[murphya33]

I wish people would simply answer the question and not be so negative

I try in vain to add edgy humor - and most of the time it doesn't work as you can see.

I do wish you the best in all your endeavors though

"edgy humor" ? - that's a new one. Maybe its just another way to say that you don't have a sense of. That's why you try in vain.

[NoshowJones]

I have 2 babes best friends, sorry SXG, I do not understand this bit, so cannot answer.

[sammygood]

if you chain her to the fridge, she ain't