Compensation in Divorce

June 15, 2013

Divorce





Compensation in Divorce

Divorce compensation claims during divorce proceedings in Thailand can take different forms. The following examples of compensation are listed in the Thai statutes. A spouse who makes an application to cancel his marriage based on it being voidable yet having known it was voidable prior to getting married would have to compensate the other person for damages. If the spouse becomes destitute due to the marriage being cancelled, the person canceling the marriage would have to provide the spouse with a living allowance. This is covered by Section 1523 and Section 1525 of the Thai Civil and Commercial code.

In the event of a divorce on the grounds of Section 1516(1) the person making an application for a divorce in Thailand is entitled to compensation from the other or the adulterer. The husband is entitled also to claim compensation from the person who had taken liberties with his wife. The wife if she is filing for a divorce in Thailand under Section 1516(1) she may also claim compensation from the other person who was openly shown her affair with her husband. Neither party may however claim compensation if they had consented to the adulterous act.

If the grounds for the divorce in Thailand are based on Section 1516 (3), (4) or (6) and the applicant has created the situation intentionally then the innocent spouse is entitled to compensation from the party at fault. This is based on Section 1524 of the Thai Civil and Commercial Code. In terms of Section 1525 situations described as above, the court will decide the level of compensation and how this will be paid. This could be in one lump sum payment or paid in installments.

Compensation during the course of a divorce in Thailand is a very complicated process which needs verbal arguments. All these verbal and documentary evidence needs to be in the Thai language. Always consult a divorce attorney in Thailand when making an application for a divorce. Even if you are not the applicant and are the respondent in the matter, an attorney would provide you with the necessary representation and assistance as needed. Consult an attorney in Thailand today.

 

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