FAMILY LAW OF THAILAND

By Wimolsiri Jamnarnwej

(7) Insanity

If one spouse is of unsound mind continuously for more than three years and such unsoundness of mind is difficult to cure such that the continuance of cohabitation as husband and wife cannot be expected, the other spouse may petition for divorce.

(8) Breach of a bond of good behavior

In the case where the husband and wife make a written agreement concerning good behavior as specified by mutual consent, that agreement is a "bond". If one spouse has broken that bond, the other spouse may petition for divorce.

(9) Communicable and dangerous disease

If one spouse is suffering from a communicable and dangerous disease which is chronic and incurable which may cause injury to the other spouse, the other spouse may petition for divorce.

(10) Incompetence

If one spouse is physically and permanently unable to have sexual intercourse, the other spouse may petition for divorce.

The spouse who has caused the other to be physically unable to have sexual intercourse is prohibited from petitioning to the court on this ground.⁽²⁶⁾

If the court grants the divorce decree on the ground that the wife has committed adultery, the husband is entitled to claim damages from any person who has wrongfully taken liberties with the wife. Like wise, if the court grants the decree on the ground that the husband has maintained, supported, or made known the taking of another woman as his wife, the wife may sue the other woman in the case where the latter makes it clear openly that she has had an affair with the husband.

The right to petition for divorce on this ground and to claim damages from the spouse or the other man or woman, as the case may be, is limited to the period of one year from the day when the claimant is cognizant of the relevant ground for divorce.

If the party who is bound to pay damages cannot pay all the damages at once the court may allow such party to pay by installments as the court thinks fit.

D. PROPERTY OF HUSBAND AND WIFE

Prior to the revision of the Civil and Commercial Code, Book 5 (Family) which become effective on October 16, 1976, the law provided that:⁽²⁷⁾

"The husband is the head of the conjugal union. He chooses the place of residence and directs what is to be done for maintenance and support."

According to the old family law a married woman had no right to manage the common property without the consent of her husband.

This provision has now been abolished. The husband and wife have equal rights to manage the property which they earn together during marriage.

Property of the husband and wife can be classified into two categories according to the present family law i.e. private property and common property.

Private Property ("Sin Suan Tua")

Private property consists of:⁽²⁸⁾

Part 6

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(26) Civil and Commercial Code, Article 1517 Paragraph 2.

(27) Civil and Commercial Code, Article 1454 (Before revision).

(28) Civil and Commercial Code, Article 1471.