What is compensation in divorce. There are a number of conditions where you can file for compensation or damages during a divorce. Always speak to a divorce lawyer in Thailand for more information and legal advice as to how to claim damages during a divorce. As stated on this website, if you are served with notice of a divorce you should not ignore the notice as you could lose all your property in Thailand if a claim for damages also gets filed.
Compensation in Divorce
A good example of damages in Thailand would be that of adultery. This under Section 1516 (1) which also clearly states that the grounds for divorce in Thailand. Likewise this can be granted on the bases that your spouse has or is having an extra-marital affair. Now under Section 1523 of the Civil and Commercial Code you can file for a claim for compensation.
In addition not only against your spouse but also against the person she has had the extra-marital affair with. Many do use this as leverage during a divorce. This or a trade-off where there will be no file for damages and compensation if the other party provides something in return usually being property. During a divorce defense however you cannot claim damages or divorce for an extra marital affair. This if there had been given permission for it. This is very common where the person has a minor wife or ‘mia noi’.
In another circumstance under Section 1524 of the civil and Commercial Code if you are getting divorced under Section 1516 (3) (4) or (6) being that your spouse has disappeared or has created bodily or mental torture as a reason for the divorce you can claim compensation for this in the Thai courts. If the person had disappeared you could possibly claim the property you have as compensation. The same would go if your spouse has disappeared or you have not lived together as husband or wife for more than 3 years. Speak to a divorce lawyer in Thailand about this. Likewise also see the common divorce errors as well.
Compensation does not need to be a once off payment. This in terms of Section 1525 of the Civil and Commercial Code. It can either be a once off payment or paid in installments. The Thai courts will decide about this or alternatively. They can deduct it out of your/her share of the community of property. Note that you will need to prove an extra marital affair and this in itself can be costly as it requires investigators to find the needed evidence.
Also note that there can be the issue of a living allowance. This which can be asked for if the divorce is under section Section 1516 (7) insanity or (9) having an incurable transmittable illness. Now in terms of Section 1527 of the Act. The other person may file for a living allowance due to their illness or condition. In terms of Thai law there is no need for fault to be proven in this provision. Only Section 1526 allows for the person who is not at fault to file for compensation. This by way of a living allowance if the divorce will leave them destitute. You will also note that should the person who is getting a living allowance get married again that the allowance then falls away.
Damages in Thailand during a divorce needs proper legal advice and assistance. Also seek in person legal advice before pursuing damages or a divorce. See divorce requirements on this website as well as an article on child custody in Thailand.