Divorce Thailand - Divorcing under Thai Law - Family and Marriage
Grounds for Divorce in Thailand : Defences
Where the action for divorce in Thailand is based upon the ground under section 1516 (8) has been instituted, the Court may not pronounce judgment to effect the divorce if the behaviour of the husband or wife that causes the bond to have been executed is a minor cause or of no importance in relation to peaceful cohabitation as husband and wife. This simply spells out that you may not use a frivols excuse as a reason for your divorce in Thailand. Good behaviour has a wide definition and as such the court would frown on and deny a divorce application in Thailand on such bases.
If there was ever a broad stoke of the brush for divorce in Thailand, this must be it. Under this section governing the divorce laws in Thailand the right to institute an action for divorce would be terminated if the spouse entitled thereto has committed any act showing his or her forgiveness to the act done by the other that has caused the right to institute the action for divorce. Raising this section or defeating any attempt to use this section would require expert legal advice for your divorce in Thailand.
|Ground for Divorce in Thailand|
a 3-year period of separation
One spouse has deserted the other for over one year
The husband has taken another woman as his wife
The wife has committed adultery
One spouse is guilty of misconduct (criminal or otherwise)
One spouse has physically or mentally harmed the other
Lack of Maintenance and Support
One spouse has had incurable insanity for at least 3 years
One spouse has broken the bond of good behavior
One spouse has an incurable, communicable and dangerous disease
- One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife.
Prenuptial Agreements formshttp://blanker.org/files/premarrital-agreement-sample-1.doc
Premarital Agreement is binding legal contract between you and the one you intend to marry. Among the purposes people have in wanting such written agreements is to try to ensure that their assets remain theirs if the marriage fails, to provide that their assets, or at least a large portion of them, go to their children in the event of death, and to work out arrangements for matters that may become problems after the marriage. For some, it is a smart and practical way to acknowledge the fact that nearly half of all marriages end in divorce.
Pre-marital agreements usually determine how property will be distributed when the marriage terminates either because of death of one spouse or divorce. Property may refer to property either partner is bringing into the marriage and property either partner accumulates during the marriage. Property may be real estate or personal property. Personal property includes tangible property such as vehicles, jewelry, and furniture; and intangible property such as stocks, bonds, bank accounts, and pensions.
If the premarital agreement is valid, the court will enforce these property agreements when the marriage is terminated. For example, if the agreement specifies that property, and its accumlated value, that the wife inherited from her father is to remain her separate property, the husband would have no right to any of the property at divorce or at the wife's death.
Premarital Agreements about personal items, such as church affiliation or who does household tasks, may be in the agreement but are legally unenforceable. For example, if the agreement says each spouse will do one-half of the food shopping, prepare one-half of the meals, and wash one-half of the dishes, a judge will not order either spouse to cook and wash dishes. However, even though not enforceable by the court, discussing personal items and putting them in writing is often useful to the couple, because it gives them the chance to consider the nature of their relationship.
Premarital Agreements about the support or custody of children of the marriage, if the marriage ends in divorce, are also unenforceable. These are rights that belong to the child. At divorce, child-support decisions are based on the incomes of both parents. Custody decisions are made on the basis of what is in the best interest of the child.
Thailand Prenuptial Agreement - contract template