L'adultère comme motif de divorce en Thaïlande

Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.

Dernière mise à jour : 6 septembre 2026

Adultère (การเป็นชู้, kan pen chu, également appelé infidelity ou an affair in divorce pleadings) is voluntary sexual intercourse between a married person and someone other than their spouse. In Thailand it is not a crime, but it is the first ground for divorce in Section 1516 of the Code civil et commercial, and under Section 1523 it gives the wronged spouse a money claim against both the unfaithful spouse and the third party. In a divorce contesté it is the ground most often pleaded.

Comment fonctionnent l'article 1516(1) et l'article 1523

Section 1516(1) allows a spouse to sue for divorce where the other spouse has maintained or honoured another person as a spouse, has committed adultery, or has had regular sexual intercourse with another person. Since the Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 took effect on 23 January 2025 the wording is gender-neutral, so husbands, wives and spouses in a same-sex marriage have the same ground and the same claims. One proven act is enough; the court does not require a pattern.

Article 1523 deals with money. When a divorce is granted on this ground, the innocent spouse may claim compensation from the unfaithful spouse and from the person who had the relationship. The third party can be sued even without a divorce, provided the spouse has not consented to or connived at the conduct. Awards commonly fall between 100,000 and 1,000,000 baht and depend on the length of the marriage, the children, the family’s standing and how public the affair was. Under Section 1529 the claim must be brought within one year of the day the wronged spouse learned of the facts.

Prouver l'adultère devant le Juge aux affaires familiales

The petition is filed at the Juvenile and Family Court. Adultery is rarely proved by direct evidence, so the court draws inferences from a body of material: chat messages and photographs, hotel and travel records, bank transfers to the third party, witness testimony, and sometimes a private investigator’s report. A single message or hearsay from a friend is not enough. Foreign-language evidence must be translated into Thai and certified.

Practical points for a foreigner: keep the evidence in its original form with dates, do not confront the third party in a way that could itself amount to diffamation or assault, and remember that the one-year clock runs from knowledge, not from the divorce decision. The court offers mediation before trial, and a well-prepared case is usually resolved in four to eight months, longer if appealed. The steps are described in the guide to divorce contentieux en Thaïlande.

L'adultère et les autres conséquences du divorce

Fault matters beyond the compensation claim. A spouse whose adultery caused the divorce can be ordered under Section 1526 to pay a living allowance to the other, whereas a divorce by consent at the amphur carries no such finding. Two conditions in that section are easy to miss and both are strict. The allowance is available only where the divorce leaves the other spouse destitute, with insufficient income from the property or business they lived on during the marriage; it is not a general award for being wronged. And the right is extinguished unless it is raised in the plaint or the counter-claim in the divorce action itself, so a spouse who wins the divorce and asks for maintenance afterwards has lost it. Property is separate: sans sommeil is still divided equally under Section 1533 whatever the conduct, although a spouse who spent marital assets on the affair can have those sums counted against their half.

Garde is decided on the child’s interests, not on which parent was unfaithful, and adultery alone does not remove pouvoir parental. Where the couple can agree, an uncontested divorce with a written agreement is faster and cheaper than proving adultery in court, and the claim against the lover can still be pursued separately within the one-year period.

Foire aux questions

Voir aussi : Motifs de divorce, désertion, divorce contesté, Tribunal pour enfants et pour la famille, et les guides pour divorce en Thaïlande ET divorce contentieux en Thaïlande.

Last reviewed: 6 September 2026. Sections 1516, 1523, 1526, 1529 and 1533 of the Civil and Commercial Code were read in Thai and in English for this review. Four statements were checked and stand: that adultery is not a criminal offence; that Section 1529 does extinguish the Section 1523 compensation claim after one year, because that section names Section 1523 in terms; that the claim against the third party under Section 1523 paragraph two needs no divorce, while the claim under paragraph one follows a judgment for divorce; and that Section 1533 divides marital property equally regardless of fault. One addition was made: Section 1526 grants a living allowance only where the divorce leaves the other spouse destitute, and the right is extinguished unless it is raised in the plaint or counter-claim in the divorce action itself. Ce que cette critique ne couvre pas, dit plutôt qu'implicitement. The compensation range, the four-to-eight-month timeline, the evidence and mediation practice before the Juvenile and Family Court, and the translation requirements are litigation practice and no statute fixes them; they were not verified. The citation of the amending Act that made Section 1516 (1) gender-neutral was not checked against the Royal Gazette, although its commencement date of 23 January 2025 is correct.