Thailand and India Law Accept Breakdown of Marriage as Legal Ground for Divorce

by admin on May 17, 2023


Around two weeks ago, the Indian court proposed a new law that would allow divorce if the marriage has broken down and there is no possibility of reconciliation. Both spouses can file for divorce whether both spouses have reached an agreement or not, depending on:

  1. How much time had passed since the couple has lived together as husband and wife;
  2. The nature of the arguments put forward by each spouse;
  3. Any court orders issued;
  4. The overall impact on the marriage; and
  5. Any efforts made to settle disputes via court intervention.

Thailand law requirements for alimony  are important factors for consideration when the couple decides to apply for divorce. Child custody issues related to the children’s basic care rights are also important considerations.

Section 1514 of the Thailand Civil and Commercial Code asserts that divorce may be filed only by consent from both spouses or by court judgment. Moreover, Section 1516 states the legal grounds for divorce.

Suthida Thongkwan, a practicing Thailand divorce lawyer, affirmed that reason (or ground) for divorce is unnecessary for a divorce registered at the district office. On the other hand, court divorces in Thailand require the informing party to provide one of the grounds for divorce required by Thailand family law.


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