Introduction: Understanding Adultery Laws and Compensation in Thailand

In Thailand, adultery is not only a moral breach but also a legal one that can result in significant legal consequences, particularly for the spouse who suffers from the affair. If a married person is involved in an extramarital affair, the aggrieved spouse may seek legal recourse by filing a lawsuit against the person committing adultery, referred to as “the adulterer.” This legal process is governed by Thailand’s Civil and Commercial Code, specifically Sections 1623 and 1625, which provide the framework for seeking compensation.

Adultery laws and compensation in Thailand are essential to understanding the legal landscape for foreign residents and expatriates living in the country. As the legal proceedings surrounding infidelity can be intricate and emotional, it is crucial to understand the factors that courts consider when awarding compensation. In this blog, we will provide an in-depth analysis of these legal provisions, explore how the courts determine compensation in cases of adultery, and explain how you can seek legal support from a Lead law firm in Bangkok.

What is Adultery in Thailand?

Adultery in Thailand refers to a situation where a married individual engages in a sexual relationship outside of the marriage without the consent of their spouse. Thai law recognizes that adultery undermines the foundation of marriage, which is why it has legal ramifications. The Civil and Commercial Code of Thailand includes provisions under which the aggrieved spouse may file a lawsuit against the third party involved in the affair (the adulterer).

Adultery is categorized as a fault-based ground for divorce, meaning that a spouse may request a divorce due to the partner’s extramarital affairs. However, in addition to divorce, Thai law allows the wronged spouse to claim compensation for the emotional and financial damage caused by the affair.

Grounds for Filing a Lawsuit Against an Adulterer in Thailand

Under Thai law, a spouse who has been wronged by adultery may pursue a civil lawsuit against the third party involved, referred to as “the adulterer.” This lawsuit is separate from the divorce process but can be filed simultaneously. When a spouse decides to pursue compensation, the court will review the following grounds for the lawsuit:

1. The Adulterer’s Actions
   The court will consider whether the adulterer’s actions were willful, deliberate, or caused harm to the aggrieved spouse. If the adulterer acted with malicious intent or caused long-term emotional harm, the court will likely view this as grounds for awarding compensation.

2. Evidence of the Affair
   In order to succeed in a lawsuit, the wronged spouse must present evidence of the extramarital affair. This can include photographs, videos, text messages, or witness testimonies. The more compelling the evidence, the higher the likelihood of receiving compensation.

3. Damage to the Aggrieved Spouse’s Reputation
   If the affair is made public and damages the aggrieved spouse’s reputation, this may influence the compensation awarded. For example, if the affair is exposed on social media or within the community, the court may consider the emotional and social consequences when calculating damages.

Legal Framework: Sections 1623 and 1625 of the Civil and Commercial Code

In Thailand, the legal framework for adultery and compensation claims is primarily outlined in Sections 1623 and 1625 of the Civil and Commercial Code. These sections provide guidance on the rights of the wronged spouse to seek compensation and the criteria for determining the appropriate amount of compensation.

• Section 1623: This section sets the foundation for a spouse to claim compensation for adultery by allowing the aggrieved spouse to file a lawsuit against the adulterer. It also allows the wronged spouse to claim damages for any emotional, mental, or financial harm caused by the affair.

• Section 1625: This section outlines the various factors the court should consider when determining the compensation amount. These factors include the length of the marriage, the social standing of the spouses, the nature of the affair, and the damage caused to the family and the community.

Key Factors Influencing Compensation for Adultery in Thailand

When a spouse sues the adulterer for compensation in Thailand, the court will review several factors to determine the appropriate amount. Below are the main considerations that affect compensation:

1. Social Standing of the Spouse

The court will assess the social status of the spouses involved, taking into account their education, family background, income level, profession, and public recognition. If the wronged spouse has a higher social standing, the court may award a higher compensation amount to reflect the damage done to their reputation and personal standing in the community.

2. Duration of the Marriage

The length of the marriage is an essential factor. If the couple has been married for many years, especially if they have children together, the court may recognize the profound impact of the affair on the family. Longer marriages often lead to higher compensation due to the long-term emotional and financial investment in the relationship.

3. Presence of Children

Having children together can also influence compensation amounts. The court views the impact of adultery on children seriously, as it may disrupt the family dynamic and affect the well-being of the children involved. If the couple has children, especially if they are young, compensation may be higher to account for the emotional distress caused by the affair.

4. Public Disclosure of the Affair

If the affair is made public, either through social media, public appearances, or gossip, the court may consider this when determining compensation. Public exposure often leads to a more significant emotional toll on the wronged spouse, and courts may factor in the reputational damage when awarding compensation.

5. Post-Incident Behavior of the Adulterer

The behavior of the adulterer after the affair is discovered is another critical factor. If the adulterer continues the affair or causes additional harm, such as harassment or further disruption in the family, this may increase the compensation awarded.

6. Long-Term Duration of the Affair

The duration of the affair plays a role in the court’s compensation decision. A long-term affair will typically result in higher compensation, as it represents prolonged emotional and psychological harm to the wronged spouse.

7. Relationship Between the Spouses Prior to the Affair

If the couple had a harmonious relationship before the affair, the court may consider this when calculating the damage caused. A previously happy marriage that is destroyed by infidelity is more likely to result in higher compensation for the wronged spouse.

How Compensation is Calculated in Adultery Lawsuits

The calculation of compensation in adultery lawsuits is not straightforward. The court will assess the emotional, mental, and financial harm suffered by the wronged spouse based on the factors listed above. Compensation can cover several aspects, including:

• Emotional and Psychological Damages: This includes the distress and emotional suffering caused by the betrayal. It can also cover the effects on the spouse’s mental health, such as anxiety, depression, or trauma.

• Reputational Damage: If the affair was made public, the court will consider the impact on the aggrieved spouse’s reputation, both in personal and professional circles.

• Financial Damages: If the affair led to financial loss—such as expenses related to divorce proceedings or the need to relocate or find new housing—the court may award compensation for these costs.

Seeking Legal Assistance: Why Choose a Lead Law Firm in Bangkok?

If you are considering filing a lawsuit for adultery or seeking compensation in Thailand, it is essential to consult a Lead law firm in Bangkok. An experienced law firm specializing in family law and adultery cases can provide expert legal guidance and support throughout the entire process.

At Siam Center Law Group, our team of dedicated attorneys is well-versed in Thai family law, including adultery lawsuits and compensation claims. We offer personalized legal services to foreign residents, ensuring that your rights are protected and that you receive fair compensation. Whether you need assistance gathering evidence, navigating the legal system, or negotiating a settlement, our team is here to help.

Conclusion: Navigating Adultery Laws and Compensation Claims in Thailand

Adultery laws and compensation in Thailand are crucial for individuals seeking legal recourse after infidelity disrupts their marriage. By understanding the factors that influence compensation and seeking expert legal assistance, foreign residents in Thailand can ensure that they are fairly compensated for the harm caused by adultery. Whether you are considering filing a lawsuit or simply seeking advice on your rights, contacting a Lead law firm in Bangkok like Siam Center Law Group is the first step toward protecting your interests.

For more information on adultery laws and compensation in Thailand, or if you need legal representation in family law matters, feel free to contact our team at Siam Center Law Group today. We are committed to providing comprehensive legal support and helping you navigate the complexities of Thai family law.