Section 1521. If it appears that the person using parental power of the guardian under Section 1520 behaves himself or herself improperly or there is an altering of circumstances after the appointment, the Court retains the power to issue an order appointing a new guardian by taking into consideration the happiness and interest of the child.
Section 1522. In instance of divorce by mutual agreement, an arrangement shall be created and contained in the agreement of divorce regarding whether both spouses or either spouse shall make contribution to the maintenance of the children and how much both spouses or either spouse will contribute.
In instance of divorce by judgment of the Court or in case the agreement of divorce does not provide provisions regarding the maintenance of the children, the Court shall determine it.
Section 1523. In instance of divorce by judgment of the Court on the ground as outlined in Section 1516(1), the husband or wife is entitled to compensation form the husband or wife and other woman or adulterer as the case may be.
The husband is entitled to claim compensation from any person who has wrongfully engaged in liberties with his wife in an adulterous manner, and the wife is entitled to claim compensation from other woman who has openly shown her adulterous relations with the wife’s husband.
However, the husband or wife is not entitled to claim compensation if he or she has provided consent to or connived to the act committed by the other party under Section 1516(1) or consented to the other person acting as provided in paragraph two.
Section 1524. If the ground of action for divorce under Section 1516 (3), (4) or (6) has occurred through an act of the party at fault with the purpose to cause the other party to become so intolerable that action for divorce has to entered, the other party is entitled to compensation from the party at fault.
Section 1525. the compensation under Section 1523 and Section 1524 shall be decided by the Court depending on the circumstances, and the Court may issue an order for a single payment thereof or payment in installments as may be thought to be suitable by the Court.
In instance where the person who has to submit the compensation is a spouse of the other party, the share of the property received by the former from the liquidation of the Sin Somros on account of divorce shall also be taken into consideration.
Section 1526. In instance of divorce, if the ground for divorce has occurred from the guilt of only one party, and the divorce will cause the other to become destitute receiving insufficient income out of his or her property or business which used to be carried on during the marriage, the latter is entitled to apply for the living allowances to be paid by the party at fault. The Court may make the decision as to whether the living allowances be provided or not by taking the ability of the grantor and the condition in life of the receiver into consideration, and the provisions of Section 1598/39, Section 1598/40 and Section 1598/41 shall apply mutatis mutandis.
The right to claim the living allowances is cancelled if it is not raised in the plaint or counter-claim in the action for divorce.
Section 1527. If a divorce is effected on the ground of insanity under Section 1516 (7) or on the ground of coping with a communicable and dangerous disease under Section 1516 (9), the other spouse shall provide living allowances to the spouse who is insane or is coping with the disease, according to Section 1526 mutatis mutandis.
Section 1528. If the party receiving living allowances remarries, the right to receive living allowances is cancelled.
Section 1529. Rights of action grounded upon any of the grounds outlined in Section 1516 (1), (2), (3) or (6), or Section 1523 are cancelled after on year when the fact which can be alleged by the claimant has been known or should have been know to him or her.
Grounds upon which a claim for divorce can no longer be based may still be proved in support of another claim for divorce based upon other grounds.
Section 1530. Where an action for divorce is pending, the Court may, on application of either party, make any provisional order which it thinks proper such as those regarding the Sin Somros, the lodging, the maintenance of the spouses and the custody and maintenance of children.
Section 1531. In instance where a marriage has been registered according to law, divorce by mutual agreement takes effect from the time of registration.
Divorce by judgment of the Court takes effect on and from the time when the judgment becomes final; however, such judgment may not be organized to prejudice the rights of third persons acting in good faith unless the divorce has been registered.
Section 1532. After divorce, the property of the husband and wife shall be open to liquidation.
But as between the spouses,
- In case of divorce by mutual agreement, the liquidation shall apply to the property of the husband and wife as it was on the date of registration of divorce;
- In case of divorce by judgment, the liquidation shall apply to the property of the husband and wife as it was on the day when the action for divorce was entered in Court.
Section 1533. Upon divorce, the Sin Somros will be divided equally between man and woman.
Section 1534. Where either spouse has used Sin Somros for his or her exclusive benefit, or has used this thereof with the intention to cause injury to the other, or has made use thereof without the consent of the other in case where such disposal is required by law to have consent of the other, or has willfully destroyed it, it shall, for the purpose of division of the Sin Somros under Section 1533, be thought of as if such property had still remained. IF the share of Sin Somros that the other will receive is not complete to what he or she should have received, the party at fault is required to make up for the arrears from his or her share of the Sin Somros or his or her Sin Suan Tua.
Section 1535. Upon termination of the marriage, the man and woman shall be liable for common debts equally.
Related Articles:
International Divorce Cases and Prenuptial Agreements
Prenuptials and Divorce in Thailand
Marriage and Divorce in Thailand: When Love Turns Deadly
Thai Supreme court ruling: Divorce and Living Allowances (8739/2551)
Related Documents:
US Uniform Premarital Agreement Act
Prenuptial Agreements and Marital Assets Law of Thailand
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