Divorce in Thailand 泰國離婚須知 @ IBC泰國法律金融會計事務所International Business Consultancy

Divorce in Thailand 泰國離婚須知

When people fall in love, which may end up getting married and to have their own family. But one day if they can’ get along with their spouse and wanted to terminate their relationship, the solution is divorce. In Thailand, marriage registration and marriage dissolution is done at district office. According to Thai Civil and Commercial Act, divorce may only become effective by mutual consent or by judgment of the Court.

當人與他人相戀時免不了走上婚姻之路，但有天當婚姻走不下去、決定各自生活時就會選擇離婚。泰國結婚及離婚都是在區政府進行登記。依據《泰國民商法》規定，離婚可由雙方同意或是由法院判決。

The following is common grounds for divorce in Thailand:

以下常見離婚基準點:

1. one spouse has given a maintenance to or honored another person as wife or husband, committed adultery or had regular sexual intercourse with other person, the other spouse may enter an action for divorce;

一方與他人通姦或是把對方當作配偶看待，另一方可提出離婚訴訟；

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;

不論是否構成刑事犯罪，如一方的不當行為引起另一方：（a）嚴重羞愧；（b）受到屈辱；（c）收到傷害或麻煩，後者可以要求離婚；

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;

使對方的身心受到嚴重傷害或侮辱，或已使後代受到嚴重侮辱；

4. one spouse has been adjudged to have disappeared, or has left his or her domicile or residence for more than three years and being uncertain whether he or she is alive or dead;

一方被判定失蹤或離家超過3年，不確定是生是死；

5. one spouse has been insane for more than three years continuously and such insanity is hardly curable, which the continuance of marriage cannot be maintained, the other spouse may enter a claim for divorce.

一方已發瘋超過3年，因狀況難癒導致婚姻難以繼續，另一方可申請離婚。

When the divorce is done by mutual consent, the spouses shall make written agreement for the exercise of parental power over each of the children. If both parties can’t reach an agreement, the divorce should be decided by court.

當雙方同意離婚，應針對孩子行使的權力達成書面協議。如無法達成協議，應由法院裁定離婚。

In case where a marriage has been registered by law, divorce by mutual consent takes effect from the time of registration.

如結婚依法登記，離婚則在雙方同意並進行登記之日起生效。

Divorce by judgment of the Court takes effect on and from the time when the judgment becomes final; however, such judgment may not be set up to the prejudice to the rights of third persons acting in good faith unless the divorce has been registered.

由法院判決的離婚申請依判決之日起生效。但除非已登記離婚，否則不得以損害善意第三者的權利為由作出判決。

IBC International Business Consultancy is a law and accounting firm located in Bangkok, Thailand with experienced lawyers, accountants, and financial advisers. We provide services including investment, tax and legal advice in Thailand.

IBC泰國法律金融會計事務所 (International Business Consultancy) 為一間位於曼谷的泰國會計師及律師事務所，由經驗豐富的律師、會計師、及財務顧問組成，可提供泰國投資、泰國稅收及泰國法律諮詢等服務。

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