An Indian Court this week has refused a husband petition for divorce, because his wife refused to give her consent.
Although the court heard from the husband that they had not lived together as a couple for 12 years, the Court still sided with the wife, who they noted suffered with brain damage, believing the husband would not give consent if the shoe was on the other foot.
Chaninat and Leeds specialise in both Thai and international divorces in Thailand
In Thailand, if one spouse will not give consent for the divorce petition to proceed, then one of twelve grounds must be cited by the petitioning spouse. The plaintiff will then have to attend Court to testify that the reasons are valid.
Under Thailand divorce law, there are two types of divorce: an administrative process for registration of divorce and the Thai divorce court which grants judgments of divorce.
If both spouses agree to the divorce and were married in Thailand, with the marriage registered at a local district office in Thailand (Khet or Amphur) then an administrative Thailand divorce can be registered. This is also known as an uncontested or consensual divorce. Although an administrative divorce can include divorces where divisions of assets and child custody can be registered, these agreements in general make agreement between the divorcing spouses difficult. If there are assets to be divided or issues regarding custody of children to clarify then it is advisable to instruct a Thailand divorce lawyer who can help to draw up a divorce agreement, also known as a settlement agreement.
However please be aware that in some circumstances a court order may still be preferable to an administrative divorce. For example some jurisdictions outside of Thailand may require court orders of child custody , rather than administrative records, in order for them to be recognized or enforceable.
Equally, if one or both spouses does not agree to the terms of the divorce, the divorce is referred to as a contested divorce. Contested divorces proceed through the Thai Courts rather than being an administrative procedure at the District Office as above. In order to proceed with this, one of the grounds for divorce under Section 1516 of the Thailand Civil and Commercial Code must apply, and a personal appearance in court must be made in Court.