มาตรา 1516 — Grounds for divorce
Statutory text (Thai original)
เหตุฟ้องหย่ามีดังต่อไปนี้ (1) คู่สมรสฝ่ายหนึ่งอุปการะเลี้ยงดูหรือยกย่องผู้อื่นฉันคู่สมรส เป็นชู้หรือมีชู้ หรือร่วมประเวณีกับผู้อื่นเป็นอาจิณ คู่สมรสอีกฝ่ายหนึ่งฟ้องหย่าได้ (2) คู่สมรสฝ่ายหนึ่งประพฤติชั่ว ไม่ว่าความประพฤติชั่วนั้นจะเป็นความผิดอาญาหรือไม่ ... (อ่านต่อในคำอธิบาย)
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
The following are grounds for divorce: (1) one spouse has maintained or honoured another person as spouse, committed adultery, or had habitual sexual intercourse with another, the other spouse may file for divorce; (2) one spouse is guilty of misconduct, whether such misconduct is criminal or not... (continued in annotation)
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1516 lists ten grounds, paraphrased: (1) adultery / cohabitation with another; (2) misconduct (criminal or not) causing serious shame or harm; (3) serious physical or mental harm to spouse or family; (4) desertion ≥1 year; (4/1) imprisonment ≥1 year for an offence committed without other spouse's consent and causing serious harm to the marriage; (4/2) voluntary separation ≥3 years; (5) presumption of death or absence ≥3 years; (6) failure to give proper maintenance; (7) incurable insanity ≥3 years making marriage intolerable; (8) breach of good-conduct undertaking; (9) incurable contagious or dangerous disease; (10) physical incapacity rendering normal cohabitation impossible. Following the 2024 Marriage Equality Act, all grounds are gender-neutral.
Why this matters in practice
For lawyers: each ground carries specific evidentiary requirements; for desertion under §1516(4), continuous absence for over one year must be proved; for harmful conduct under §1516(3), actual harm or a pattern of behaviour threatening dignity must be shown. For clients: you can only obtain a court divorce if you can establish one of the listed grounds — courts do not grant divorce simply on request.
Legislative history
Amended multiple times, most recently by the Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025: gendered references (husband/wife roles in infidelity grounds) were revised to apply equally to all spouses regardless of gender. Ground §1516(1) on adultery and §1516(4/1) on imprisonment now apply to all spouses symmetrically.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4678/2552 (2009) ★ Landmark
Openly supporting and treating another person as a de facto partner constitutes conduct under §1516(1) justifying divorce.
Where one spouse openly maintained and supported another person in a conjugal manner (providing financial support and living arrangements), the court held this constituted upholding another person 'as a spouse' under §1516(1), entitling the other spouse to divorce.
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Supreme Court Judgment No. 13082/2558 (2015)
Persistent unjustified humiliation and abuse that severely damages a spouse's dignity constitutes a ground for divorce under §1516(3).
A spouse who suffered persistent humiliation, harassment and verbal abuse by the other spouse without justification was held to have grounds for divorce under §1516(3) — conduct that severely damaged that spouse's dignity and made it intolerable to continue the marriage.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What are the main grounds for divorce in Thailand?
Section 1516 lists the main grounds: (1) infidelity (openly supporting or treating another as a spouse); (2) criminal conviction and imprisonment exceeding one year; (3) harmful or humiliating conduct causing intolerable harm; (4) desertion for over one year; (4/1) separation for over three years due to a court order or mutual agreement; (5) certain communicable or hereditary diseases; (6) failure to support the other spouse; (7) insanity persisting for over three years with no prospect of cure. Mutual consent divorce by registration is also available.
Can I get a divorce in Thailand without proving fault?
Yes — by mutual consent. If both spouses agree, they may register a consent divorce at any District Office (Amphur) without going to court and without establishing a fault ground. If one spouse refuses to consent, the other must file a court action and prove one of the grounds listed in §1516.