Divorce lawsuit involving foreign nationals.

In divorce cases involving foreign nationals, in addition to considering the grounds for divorce under Section 1516 of the Thai Civil and Commercial Code, it is also necessary to consider the Conflict of Laws Act B.E. 2481, which provides the following criteria:

When a spouse files a lawsuit in a Thai court, it is the responsibility of that spouse to prove that according to the law of the other spouse’s nationality (which is not Thailand), once a marriage has been registered, either spouse can file for divorce. In other words, there is a ground for divorce against the other spouse. The method of proof requires a copy of the law of the other spouse’s nationality, along with a Thai translation, to be submitted to the Thai court.

In cases where the spouse does not have a domicile in Thailand or has traveled abroad, the plaintiff must translate the complaint and related documents into the native language of the foreign spouse

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