Grilled Beef Salad with Jim Jaew sauce (Yam Nʉ́ʉa Yâang Nám-jîm jaew - ยำเนื้อย่างมน้ำจิ้มแจ่ว)

In Thai, khao (ข้าว) is rice and khua (คั่ว) is to dry roast or dry fry in a pan with heat, but no oil.
The rice in khao khua (ข้าวคั่ว) is sticky rice (khao nǐiao ข้าวเหนียว), which is then dry roasted, and finally ground into a coarse powder. As an ingredient, khao khua acts as a thickener, gives a crunchy texture and adds a smoky roasted flavour to dishes. 

You can use any frypan or a wok, and heat to medium. Once the frypan is hot, add the 1 cup of uncooked sticky rice (with no oil), and just dry roast it, stirring continuously until fragrant and golden yellow in colour. Allow to cool then grind the rice into a coarse powder in a mortar and pestle or coffee grinder. It can be stored for up to a couple of weeks.

Serves 4 

INGREDIENTS
Jim Jaew Sauce (นํ้าจิ้มแจ่ว)
¼ cup thinly sliced Thai shallots
¼ cup finely chopped coriander leaves
⅓ cup fish sauce
1 lime
2 teaspoons palm sugar 
1 tablespoon of khao khua (ข้าวคั่ว) see above
2 to 3 small fresh red Thai (bird’s eye) chillis, or to taste, seeded and minced 
600g eye filet beef
Ground black pepper
Olive oil
Salad 
4 green shallots cut into 1/2-inch pieces
1/2 cup packed fresh coriander leaves, washed well and spun dry 
½ cup finely chopped fresh mint leaves
¼ cup thinly sliced Thai shallots
1 seedless cucumber sliced
6 cherry tomatoes halved

METHOD
Make Jim Jaew sauce by combining fish sauce, lime juice, palm sugar, coriander leaves, challis and Khao Khua in a bowl. Adjust the flavour balance to taste with more fish sauce, lime juice, or sugar, if necessary. The sauce should be sour and salty.
Cut filet horizontally to form 4 approximately 1-inch-thick pieces. Rub both sides of each piece with black pepper pressing it into meat and dip in olive oil.
Grill beef on hot barbecue 3 to 5 minutes on each side for medium-rare. Allow beef to rest wrapped in foil. Cut beef across grain into very thin slices.
Toss salad ingredients in a bowl and dress with a small amount of the Jim Jaew sauce thin slices.
Garnish beef with coriander sprigs and serve with salad sticky rice and individual bowl of Jim Jaew sauce for each diner.

Thai Coriander Pesto


tai pàk-chii péet-dtôo ไทยผักชีเพสโต้



The flavours of Thailand come alive in this rich pesto infused with lemon grass, ginger, kaffir lime, and cashews. If you can find them, raw macadamia nuts can be substituted.

Coriander is a powerful green herb and a rich source of vitamins, minerals, and antioxidants–vital elements for good health. If eaten in large enough quantities, coriander helps the body to release toxins, especially heavy metals that can affect our well-being.

Makes about 1 cup

Ingredients:
1/2 cup raw or lightly toasted cashews
(mét-má~mûuang-hǐm-má~paan เม็ดมะม่วงหิมพานต์), without salt
1 tablespoon chopped garlic (grà~tiiam กระเทียม)
2 tablespoons minced lemon grass (dtà~krái ตะไคร้).
2 tablespoons fresh minced ginger (kǐng ขิง)
1 tsp. honey (nám-pʉ̂ng น้ำผึ้ง)
2 large kaffir lime leaf (bai-má~grùut ใบมะกรูด) finely chopped, rib removed, or 1/2 teaspoon lime zest
1 tbsp. fish sauce (nám-bplaa น้ำปลา)
3 green chilies (prík sǐi-kǐiao พริกสีเขียว), seeds removed
1 tablespoon lime juice (nám-má~naao น้ำมะนาว)
4 cups chopped fresh coriander (pàk-chii ผักชี) with stems
1/2 cup light olive oil (nám-man-má~gɔ̀ɔk น้ำมันมะกอก)

In a mortar and pestle pound the cashews until finely ground. Add the garlic, lemon grass, ginger, kaffir lime leaves or lime zest, chilli, lime juice, fish sauce and pound to a paste. Place in a blender, add the oil and process for 5 seconds. Add the coriander  in batches as you continue processing the mixture into a smooth paste, scraping the side of the bowl as you go. Use immediately or store in the refrigerator for up to a week.

Barbecued King Prawns Miang With Coconut, Lime, Chilli and Galangal Dressing On Betel LeavesMîiang-kam Gûng Yâang เมี่ยงคำกุ้งย่าง

The name Miang can be interpreted as meaning "eating many things in one bite" - from miang (เมี่ยง), meaning "food wrapped in leaves", and kam (คํา), "a bite". This is a variation of the traditional Miang Kam accompanied by barbecued prawns making the entree slightly more substantial and giving it a fusion cuisine feel. The leaf used in wrapping miang kam is not in fact the betel leaf, as is commonly thought, but instead the “wild pepper leaf” – bai chá-pluu (ใบชะพลู) in Thai and Lao. Like the betel leaf, it is a member of the pepper genus (botanically, “Piper”) and therefore the two are related but far from being the same.

Ingredients:

1 small lime (má~naao ะนาว)

¼ fresh coconut (má~práao มะพร้าว), flesh removed and finely grated

16 green king prawns (gûng กุ้ง), peeled and cleaned, leaving tails intact

16 betel leaves (bai chá-pluu ใบชะพลู)

50 gm raw peanuts (tùua-lí-sǒng ถั่วลิสง), roasted, shelled and coarsely chopped

2 red Thai shallots (hɔ̌ɔm-dɛɛng หอมแดง) , thinly sliced

3 fresh red bird's eye (scud or mouse shit) chillies (prík kîi nǔu พริกขี้หนู), seeded and thinly sliced

1 bunch of coriander leaves (bai pàk-chii ใผักชี) picked and washed

1 bunch of mint leaves (bai sà~rá~nɛ̀ɛ ใบสะระแหน่) picked and washed

Dressing:

50 gm tamarind paste (má~kǎam bpìiak น้ำะขามเปียก)

1 tbsp dried shrimp (gûng-hɛ̂ng กุ้งแห้ง)

2 cm piece of galangal (kàa ข่า), peeled and thinly sliced

1 tsp shrimp paste (gà~bpì กะปิ)

170 gm palm sugar (nám-dtaan น้ำตาล), grated

1 tbsp fish sauce (nám-bplaa น้ำปลา)

1   For dressing, combine tamarind pulp and 100 ml boiling water in a bowl and stand for 30 minutes. Place dried shrimp in a mortar and, using a pestle, pound until finely ground. Place ground shrimp, galangal, shrimp paste and palm sugar in a heavy-based saucepan and cook over medium heat for 5 minutes or until sugar melts. Increase heat to high and simmer for 5-6 minutes or until fragrant. Add tamarind mixture and fish sauce and return to the boil, then remove from heat, strain through a fine sieve and cool. Stir in enough cold water to achieve the consistency of pouring cream. Makes about 2/3 cup. Dressing will keep, refrigerated in an airtight container, for up to 3 weeks.

2   Using a small, sharp knife, remove rind from lime, leaving a small amount of flesh on the skin, then chop rind into 2mm pieces.

3   Place grated coconut on an oven tray and roast at 180C for 15 minutes, stirring frequently until golden.

4.  Barbecue prawns over medium-high heat until just cooked through. Place 4 betel leaves on each plate. Combine peanuts, shallots, chillies, chopped lime rind, coconut and herbs in a bowl, then add 2 tbsp dressing, or to taste, gently combine and divide salad among leaves. Top each leaf with a cooked prawn and serve immediately.

Prenuptial Agreements in Thailand - Desirable or Effective?

By Joe Lynch, Accredited Australian Family Law Specialist

Lanna Lawyers, Chiang Mai, Thailand

Email:  lynchlaw.net.au@gmail.com

A Thai prenuptial agreement is a contract between a couple who plan to marry. Prenuptial agreements are recognised under section 1465 of the Thai Civil and Commercial Code (the “Code”). Prenuptial agreements are sometimes called ante-nuptial agreements and pre-nuptial agreements. The basic essential element is that it is a pre-marriage agreement, or contract, entered into in advance of the marriage.

Thai prenuptial agreements must be registered at time of marriage

Under section 1466 of the Code prenuptial agreements must be in writing and signed by both parties in the presence of at least two witnesses and registered at the District (Amphur) office at the time of marriage where the marriage takes place in Thailand or at a Thai embassy or consulate if the marriage takes place overseas. If the prenuptial agreement is not registered it is void.

Prenuptial agreements cannot be varied without Court approval

After marriage the prenuptial agreement cannot be altered except by authorisation of the Court. (Section 1467of the Code)

Post-nuptial agreements are voidable

 Any agreement between a husband and wife during marriage (a post-nuptial agreement) may be voided by either party during the marriage or within twelve months after divorce provided that the right of third parties acting in good faith are not adversely affected (Section 1469).

When is a Thai prenuptial agreement void

Any clause in a Thai prenuptial agreement that is contrary to public order or good morals, or provides that the relations between the parties with regard to property are to be governed by foreign law is void (Section 1465).  This requirement is a good reason not to enter into a Thai prenuptial agreement if another jurisdiction and/or forum allows prenuptial agreements that more effectively regulate the division of property on marriage or relationship breakdown

 

What can a prenuptial agreement achieve

A Thai prenuptial agreement will generally identify the property that both parties brought into the marriage and may stipulate the basis of management of marital assets rights during marriage. (Sections 1476 and 1476/1).  It can also stipulate how assets are to be divided between the husband and wife in the event the marriage is dissolved by death or divorce although this may not be enforceable. The contract should be drafted in both the Thai and the language of the non Thai party.  Each party should be independently advised by their own lawyer and evidence provided as to that advice.

The contract and its provisions must not be against good morals or the law.  The agreement can only alter the parties’ legal rights on divorce to the extent permitted by Chapter IV of the Code.  A provision in a Thai prenuptial agreement that the division of property between husband and wife shall be governed by foreign law is void.  Under Thai law the extent to which a prenuptial agreement can dictate how property is divided on marriage breakdown is very limited.  It is therefore important to understand the basis of property division on marriage breakdown under Thai law.

Division of property in Thailand is governed by what is known as a community property regime.  This regime applies in many jurisdictions in the United States and in a number of other countries.  There are two types of matrimonial assets in Thailand and the type of property is relevant to the division of property on divorce.  Firstly, there is Sin Suan Tua (Personal Property) and, secondly, Sin Somoros (Common Property).

Sin Suan Tua (Personal property)

Sin Suan Tua (Personal property) under Sections 1470 and 1471 is 

               1. Property belonging to either spouse before marriage;

               2. Property for personal use such as clothing or tools of trade;

               3. Property acquired during marriage by way of inheritance or gifts;

               4. Khongman, otherwise known as an engagement gift.

However section 1470 provides “Property of husband and wife except in so far as they are set aside as Sin Suan Tua, are Sin Somros” and section 1474further provides “In case of doubt as to whether a property in "Sin Somros" or not shall be presumed to be "Sin Somros". This means that all property is deemed to be common property unless the person asserting that certain property belonging to him or her is personal property can prove this. This is where a Thai prenuptial agreement can, to a limited extent, be effective.

Sin Somoros (Common property)

Sin Somoros (Common property) under section 1474 is

      1. Property acquired during marriage;

      2. Property acquired by either spouse during marriage through a               will of gift declared by such will or document of gift to be Sin                 Somros;

      3. Property that is the fruit of Sin Suan Tua.

In terms of paragraph 3, by way of example, if a wife has inherited shares in company they would be seen as Sin Suan Tau but the dividends from the company would be Sin Somoros.  Property that is Sin Somoros is under joint control. The permission is needed of both spouses in dealing with Sin Someros.

Property Division on divorce

Upon the granting of the divorce the Sim Somros (common property) is divided into equal shares between the parties. And each party retains their Sin Suan Tua (Personal property).

Apart from each of the spouse's personal Sin Suan Tua property, a Thai marriage is likely to result in the creation of common property owned jointly or severally by the husband and wife (Sin Somros). All such property acquired throughout the course of the marriage is common property regardless of in whose name the title is held. Unless the parties can agree on how to divide the common property the Court will divide the assets subject to section 1472 of the Code. The general principle applies that 'benefit and income' and the fruit of each spouse's personal property (e.g. rent received from a personal property) acquired during the course of the marriage will be divided equally as joint property between husband and wife.  Often property of husband and wife during marriage will consist of a mix of personal and common property. A practical solution to dealing with the financial consequences of a marriage in Thailand is to enter into a prenuptial agreement governing the administration of the couple's finances and property during their marriage. Under Thai law it is not possible to exclude the common property rule in a prenuptial agreement.

An important aspect of a prenuptial agreement is of course the weight given to it in a contested divorce. The Family Courts in Thailand have power to determine the enforceability of the clauses in the contract. Simply, any provision agreed to in the prenuptial against good morals or against the law will not be binding, and the distribution of assets is basically governed by the statutory system in the Code. A prenuptial agreement cannot effectively influence the statutory system and generally the statutory law on the division of marital assets continue to apply in a contested divorce.

Should prenuptial agreements be entered into under non-Thai foreign law?

If, under the law of the country of which one of the parties resides or is a citizen, the entering into of binding prenuptial agreements is permitted on terms more flexible than permitted under Thai law  consideration should be given to entering into such an agreement under the law of that country.   It may be possible to specify in that agreement that the law of that country is the agreed forum in the event of a breakdown of the relationship.  For example, under the Australian Family Act binding financial agreements can be entered into between not only by couples who intend to marry but also between couples who intend to only live together in a de facto relationship.  Often one partner will want to quarantine his or her existing assets for the benefit of children of a previous marriage or relationship.  It is important to obtain expert legal advice as to both Thai law and the law of the foreigner’s country of residence before entering into a prenuptial or domestic relationship agreement.

Top 10 tips to follow in entering into a Thai prenuptial agreement

1.      Obtain specialist legal advice as to Thai law and the law in the foreigner’s own country

2.      Undertake any appropriate preliminary planning steps such as estate planning and ensuring that, if possible, separate property is not converted to common property during marriage.

3.      After determining the proposed course of action and having considered jurisdiction, forum and conflict of laws issues make sure all formal requirements in either or both jurisdictions are complied with (for Thai agreements see Sections 1465 and 1466 of the Code).

4.      Have the agreement prepared in both languages and ensure that both parties receive independent legal advice.

5.      Prenuptial agreements should provide full and frank disclosure of each party’s assets and financial resources.

6.      A prenuptial agreement must clearly identify and define each party’s personal or separate property.

7.      Any Thai prenuptial agreement must clearly stipulate the basis of management of common property during marriage.

8.      A prenuptial agreement must clearly stipulate the basis of division of marital assets on a breakdown of marriage subject to the prohibitions placed on this under Thai law and, possibly, on death taking into account the limitations imposed under Thai law.

9.      Each party should review their wills both in Thailand and elsewhere regularly as appropriate.

10.   It is important to adhere strictly to any financial management regime required or contemplated by the agreement.

Lanna Lawyers can provide advice as to the relevant Thai law and also as to the relevant law in many other countries through our in-house counsel or by referral to other appropriately qualified lawyers whom we deal with regularly.

Lanna Lawyers                                       

Company Limited

99/107 Soi 10 Laddarom Elegance Payap (Q House)

Middle Ring Road

T. San Klang A. San Kamphaeng Chiang Mai 50130 Thailand

Phone:                    +66(0)849047797

Email:                     lynchlaw.net.au@gmail.com

Blog:                      http://thailandintrigue.blogspot.com/

Facebook:              www.facebook.com/LannaLawyers.

                                                                                         

Thai Style Ratatouille (สไตล์ไทยแระทะทุย)

Ingredients

6             Thai red shallots (hɔ̌ɔm-dɛɛng หอมแดง)

4             cloves of garlic (grà~tiiam กระเทียม)

2             eggplants (má~kʉ̌ʉa มะเขือ)

3             zucchinis (bùuap-fà~ràng บวบฝรั่ง)

3             red capsicums (prík-yùuak พริกหยวก)

6             medium ripe tomatoes (má~kʉ̌ʉa-têet มะเขือเทศ)

               Bunch of fresh Thai basil (horapa) (hǒo-rá~paa โหระพา)

               Canola or sunflower oil (nám-man-pʉ̂ʉt น้ำมันพืช)

               A few sprigs of   fresh thyme or a teaspoon of dried thyme                          (dtôn-taam ต้นไทม์)

               400g tin tomatoes (má~kʉ̌ʉa-têet มะเขือเทศ)

1             tablespoon balsamic vinegar (nám-man-pʉ̂ʉt น้ำมันพืช)

1             tablespoon of Shao Hsing wine (waai jiin ไวน์จีน)

2             tablespoons of finely chopped kaffir lime leaves (bai-má~grùut                  ใบมะกรูด)

Method

Prep your ingredients before you start – peel and cut the shallots into wedges, then peel and finely slice the garlic. Trim the eggplant and zucchinis de-seed the capsicum and chop them all into 2.5cm chunks. Roughly chop the tomatoes. Pick the basil leaves and set aside, then finely slice the stalks.

Heat 2 tablespoons of oil in a large casserole pan or saucepan over a medium heat. Add the chopped eggplant, zucchinis and capsicum (you may need to do this in batches) and fry for around 5 minutes or until golden and softened, but not cooked through. Spoon the vegetables into a slow cooker.

To the pan, add the shallots, garlic, basil stalks and thyme with another drizzle of oil, if needed. Fry for 10 to 15 minutes, or until softened and golden. Place into the slow cooker and stir in the fresh and tinned tomatoes, the balsamic, Chinese wine and a good pinch of sea salt and freshly ground black pepper.

Mix well, breaking up the tomatoes with the back of a spoon. Cover the pan and slow cook for 6 hours, or until reduced, sticky and sweet. Tear in the basil leaves and add with kaffir lime and adjust the seasoning, if needed. Serve with a hunk of bread or steamed rice.

The secret of this dish is the slow cooking. It retains the soft texture of the eggplant, zucchini, capsicum and onions without turning them into softened mush. No chili in this dish to retain the authentic French style with just a touch of Thai.

Divorce in Thailand                                       

By Joe Lynch, Accredited Australian Family Law Specialist

Lanna Lawyers, Chiang Mai, Thailand

Email: lynchlaw.net.au@gmail.com

                                                                                                           

There are three ways in which a marriage can be terminated under Thai law. According to section 1501 of the Commercial and Civil Code of Thailand (CCCT) they are;

 - Death

- Divorce

- Cancellation by the Court

Death

Death brings a marriage to an end.

Cancellation by the Court

Cancellation by the Court is rare. It normally has a retroactive effect as a decree of nullity of marriage in other jurisdictions.  Such an order takes effect as if the marriage never happened. In these rare cases one spouse may, for example, assert that he or she would never have married this person if she had known certain facts, or that the marriage is void because of the manner in which was undertaken for example if one of the parties was under the legal age)..

Divorce

Under Thai law there is no distinction between foreigners and Thai nationals.  If a marriage is recognized under Thai law and there is a jurisdictional basis for an application to the court then the Thai courts will entertain applications in respect of marriages between two Thai nationals or between a foreigner and a Thai national. First, we must say that under Thai law, there are no differences between Foreigners and Thais.  There are two ways in which a divorce can be affected under Thai law as set out below.

Uncontested Divorces

By Mutual Consent: If you were married in Thailand at a local Registry office (Khet or Amphoe) or overseas you may register an administrative divorce in Thailand. Divorce in Thailand by mutual consent must be made in writing and witnessed by at least two persons. You will need to show your marriage certificate, passport and the national I.D. card of the Thai citizen. The process can be completed in one day at the local Registry Office. This type of divorce is possible only if the couple has no disagreements over such issues as children or property.  A Thai divorce certificate will be issued by the registry Office.

If the parties to a marriage wish to terminate their marriage than they may do so without any reason because marriage is regarded as civil contract. Therefore, by consent, the parties can vary or cancel the contract between them. If both parties agree to terminate the marriage (or contract) they may do so but will have to follow the prescribed procedure. Many civil law countries accept these uncontested divorces.  On the other hand, law countries such as the United States, England and Australia specify a ground all grounds for divorce and require the divorce to be undertaken by way of court order.

Under section 1514 of the Thai Civil and Commercial Code divorce may be affected by mutual consent made in writing and certified by two witnesses.   A divorce agreement can be made at the District Office or indeed anywhere. There is no formal requirement as to the format of the agreement but what is important is that both parties understand and agree to the divorce.  In the case of a marriage between a Thai national and a foreigner it is important that a bilingual agreement be used which must be witnessed by two witnesses who must witness the signatures of the divorcing couple and sign their names in the presence of the couple and in the presence of each other.  In Supreme Court case in Supreme Court case number 215/2519 in the matter of Pomasa v Pomasa a divorce agreement was witnessed by two witnesses but was not subsequently registered at the district office.  The court therefore determined that the divorce had not taken effect.  In another case of Tansirimongkol v Tansirimongkol the divorce agreement was witnessed by only one person and the Supreme Court held in case number 1639/2522 that the divorce had not been effected.)

Where there is a divorce by mutual consent it must be registered at the district office in order to take effect.  After endorsing the consent on the divorce agreement in the presence of two witnesses the divorcing couple then need to register their divorce at the district office in accordance with section 1515 of the code.  In a Supreme Court case of Sae-ton v 

Sae-jiew number 1291/25 double oh the divorce was not registered at the district office by one of the parties and the divorce was held not to have taken effect.

The parties will need to show their marriage certificate, passport and the national I.D. card of the Thai citizen. The process can be completed in only one day at the local Register Office. This type of divorce is possible only if the couple has no disagreements over such issues as children or property.  The parties should include all aspects of their agreement in the divorce agreement.  For example, if the parties are able to reach agreement on parenting issues, child custody, maintenance and division of property between them to these matters should all be included in the agreement and registered at the district office the district officer will note the divorce agreement including agreement reached on financial aspects and in relation to the arrangements for the children

Contested Divorces

If both parties cannot agree to the divorce then one party needs to file a petition with the Court.  In order to do so the party filing the petition must have grounds for divorce and will bear the burden of proof in establishing that ground.

Either the plaintiff or defendant (or both) must be a resident of Thailand. There are 12 grounds for divorce under Thai law. We strongly suggest that you consult a legal professional in these matters. If you are overseas, you may appoint a lawyer to initiate the procedure on your behalf. However, once a court date is set, you must appear in court in Thailand. Any documents not in Thai will need to be translated and notarised by your embassy in Bangkok. Divorce certificates are usually obtained from the court where the divorce was granted.

Grounds for Divorce in Thailand

The grounds for divorce in Thailand are as follows:

1. a 3-year period of separation
2. One spouse has deserted the other for over one year
3. The husband has taken another woman as his wife
4. The wife has committed adultery
5. One spouse is guilty of misconduct (criminal or otherwise)
6. One spouse has physically or mentally harmed the other
7. Lack of maintenance and support
8. One spouse had been imprisoned for more than one year causing the other party excessive injury or trouble
9. One spouse has had incurable insanity for at least 3 years
10. One spouse has broken the bond of good behaviour
11. One spouse has an incurable, communicable and dangerous disease
12. One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife.

The grounds for divorce are set out in more detail in section 1516 of the Code.  Section 1516 provides:

“Grounds of action for divorce are as follows:

(1)  The husband has given maintenance to or honoured such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;

(2)  One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:

(a) To be seriously ashamed;

(b) To be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct;

(c) To be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct;

(d) To sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;

(3)  One spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants; the latter may enter a claim for divorce;

(4)  One spouse has deserted the other for more than one year; the latter may enter a claim for divorce;

(4/1) One spouse had been sentenced by a final judgment of the court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;

(4/2) The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the court; either spouse may enter a claim for divorce;

(5)  One spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;

(6)  One spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;

(7)  One spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;

(8)  One spouse has broken a bond of good behaviour executed by him or her, the other spouse may enter a claim for divorce;

(9)  One spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;

(10) One spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife; the other may enter a claim for divorce.”

In order to seek a divorce order and orders for ancillary relief property settlement or parenting orders it is to file a petition in the Court and if a claim is made for property settlement a deposit must be paid to the court.  This is normally 2% of the value of the amount claimed.  For example, if a home had been purchased during marriage and this was part of the “common property” (Sin Somros) having a value of 2 million baht, the petitioner is entitled to claim 1 million baht. So, an amount of 20,000 baht is required to be paid as deposit to the Court. If the case is one, the judge can order the other party to pay back this deposit.  The case involves children this issue is usually dealt with by the juvenile court first.  That court will usually order a report relating to the children that will be made to the court by a counsellor.  Then, on the first appearance, will normally ordered mediation. If the defendant does not appear, the only evidence considered will be the one of the plaintiff. If the plaintiff does not know where the other party leaves or is located where a party lives or is located and expats a divorce may be granted in certain circumstances.  If the matter proceeds to trial, the plaintiff must be present and has the burden of proof.

The waiting time for a petition to be listed for hearing is between 3 months to 1 year. This excludes appeals and special circumstances.  These time estimates are approximate only. Divorces are heard in the Family Court division.

Foreign marriages

If parties were married outside of Thailand, they can only divorce according to the laws of the country concerned. It is possible to file for divorce in Thailand but only under certain circumstances where the laws in the country of marriage are not in conflict with the law in Thailand in respect of residency and the grounds for divorce.

The Conflict of Law Act B.E.year 2481 enacts the following clauses about divorces:

Section 26. Divorce by mutual consent shall be valid if it is permitted by the respective law of nationality of both the husband and the wife.

Section 27. Divorce cannot be granted by a Thai Court unless it is permitted by the respective law of nationality of each spouse. The grounds for divorce are governed by the law of the place where the action is instituted.

In Supreme Court in decision s.5887/2533, one party was Thai and other party was Indian.  The Court stated that “A mutual consent divorce between plaintiff and defendant shall be valid between two of them only. It cannot be set up against third persons acting in good faith and operates only between the parties who registered their divorce according to section 1515 of Civil and Commercial Code”

Spouses who registered their marriage under foreign law can divorce by court order in Thailand. If one party sees that there is one of the grounds for divorce according to section 1516 of the Commercial and Civil Code. Each spouse has to be present at the embassy of spouse’s domicile. Each spouse must declare his/her intention to divorce by written document concerning both property and child arrangements. Both parties have to sign it the presence of the registrar and 2 witnesses. In the event that one party cannot be present at the same time, they can agree on which party should submit the divorce first and the other party can submit later. Divorces made abroad can be registered at a district office in Thailand.

Recognition of a Thai divorce abroad

The laws in every country are different and can change frequently. You should verify if a Thai divorce is recognised in your country with your embassy or a foreign lawyer from your own country.

For example, under Australian law a Thai court has jurisdiction to grant a divorce and a divorce order will be recognised under Australian law.

See also

Property Division on Divorce in Thailand

Prenuptial Agreements in Thailand

Parents and Children – Custody and Parenting Law in Thailand

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Lanna Lawyers specialises in Family Law specifically Marriage and Divorce in Thailand, Prenuptial Agreements both under Thai and Australian law. Should you need legal assistance please feel free to contact us for a consultation. Our licensed Thai lawyers, foreign lawyers and solicitors are available to help you.