An adultery lawsuit in Thailand can have severe legal, financial, and reputational consequences. These cases fall under civil law, allowing a legal spouse to sue a third party who is alleged to have engaged in a sexual relationship with their partner. If you receive a court summons for such a case, it is essential to act quickly, understand your rights, and engage a professional legal team to assist you.

In this comprehensive guide, we walk you through the definition of adultery under Thai law, what steps to take if you are sued, the court process, potential defenses, and how the lead law firm in Bangkok can provide vital legal support.

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What Is an Adultery Lawsuit in Thailand?

Legal Definition of Adultery Under Thai Law

In Thailand, adultery is considered a civil matter, not a criminal offense. It is defined in Section 1516(1) of the Thai Civil and Commercial Code (CCCT), which allows a spouse to file for divorce if the other spouse has committed adultery.

Furthermore, Section 1523 permits the injured spouse to sue the third party involved (the “paramour”) for damages. The goal of such lawsuits is not to imprison the third party but to seek compensation for emotional distress and damage to family integrity.

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Who Can File and Who Can Be Sued?

The Plaintiff: Legal Spouse

Only the legal husband or wife of the adulterous party has the right to file an adultery lawsuit in Thailand. Common-law partners or individuals in informal relationships typically cannot claim compensation.

The Defendant: The Third Party

The lawsuit is filed against the third party who allegedly engaged in a sexual relationship with the married spouse. The spouse involved in the affair may be sued for divorce, but the compensation claim is typically directed at the third party.

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Immediate Actions to Take When Facing an Adultery Lawsuit

If you receive a court summons for an adultery lawsuit in Thailand, here are the steps to protect your rights and reduce your legal exposure.

1. End All Contact With the Married Individual

The court may view continued contact as proof of ongoing misconduct. Even if you were unaware of the marriage, once notified, you should immediately cease communication and social interaction.

2. Do Not Transfer or Conceal Property

Avoid any financial transactions that could be interpreted as attempts to shield assets from judgment. Under Thai law, asset concealment during civil litigation can lead to further legal actions and court sanctions.

3. Secure and Preserve All Evidence

Evidence can support your defense or contradict the claims of the plaintiff. Collect:

• Text messages or chat logs

• Emails

• Social media interactions

• Hotel receipts or travel documents (to either support or negate the allegation)

Delaying evidence collection can make defending yourself significantly harder.

4. Retain Legal Counsel Immediately

Under Thai civil procedure, a defendant has only 15 days to file a written response after being served a court summons. A delay or failure to respond may result in a default judgment. Promptly contacting the lead law firm in Bangkok ensures that you receive professional advice and timely court filings.

5. Be Fully Transparent With Your Lawyer

Regardless of guilt or innocence, your attorney must understand the full facts. Misleading your counsel can damage your defense and may result in unintentional legal violations, such as perjury.

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Legal Defenses to Adultery Claims in Thailand

Though the burden of proof lies with the plaintiff, the accused third party has the right to present affirmative defenses. Here are several legal strategies that may apply:

1. You Did Not Know the Person Was Married

If the married individual concealed their marital status, or if there were no clear indications of their marriage (e.g., no wedding ring, false representations), this may limit your liability.

2. No Sexual Relationship Occurred

In Thai law, adultery requires sexual contact, not just flirtation or emotional intimacy. If the plaintiff cannot prove physical intimacy, their case may be dismissed.

3. The Relationship Happened After Separation

If the couple was separated de facto or legally at the time of the relationship, the court may consider this a mitigating factor, especially if the couple was no longer cohabiting.

4. The Spouse Approved of the Relationship

If the plaintiff knew about the relationship and did not object, or encouraged it (directly or indirectly), this may be used as a defense.

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Understanding the Court Process for Adultery Lawsuits

Initial Hearing and Mediation

Most adultery lawsuits are filed in the Juvenile and Family Court. According to Thailand’s Family Procedure Code, the first court date usually involves a conciliation session led by a trained mediator, who helps the parties attempt to reach a settlement.

If an agreement is reached, the case may be resolved through a compromise settlement.

Trial and Evidence Presentation

If mediation fails, the case proceeds to trial. Both sides must:

• Present witnesses

• Submit documents

• Prove or disprove the alleged relationship

The court will evaluate:

• The severity of emotional harm

• The behavior of the defendant

• The duration of the relationship

The judgment is typically based on the preponderance of evidence rather than absolute certainty.

Judgment and Damages

If the court rules in favor of the plaintiff, the third party may be ordered to pay damages ranging from THB 50,000 to several hundred thousand baht, depending on:

• Social status of the plaintiff

• Intent of the defendant

• Public exposure or humiliation

Note: Damages are compensatory and not punitive.

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Appealing an Adultery Verdict in Thailand

If you believe the court’s judgment is incorrect, you can appeal the decision to the Court of Appeal or file a cassation with the Supreme Court. A lawyer will help assess the viability of an appeal based on trial errors or misinterpretation of facts or law.

For appeal timelines and requirements, see the Thai Civil Procedure Code (English Summary).

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Why Reputation Matters: Social and Professional Impact

Even if the lawsuit is dismissed, the damage to reputation can be significant:

• Damage to professional relationships

• Difficulty in renewing work visas or permits

• Harm to personal relationships or child custody rights

Companies and public agencies may consider such legal entanglements when making hiring or promotion decisions.

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Why You Need the Lead Law Firm in Bangkok

At Siam Center Law Group, we are recognized as a lead law firm in Bangkok for our discreet and strategic handling of family law cases, including high-profile adultery lawsuits.

Our Services Include:

• Urgent legal response and summons review

• Evidence preservation and assessment

• Mediation and court representation

• Confidential legal counsel with no moral judgment

We work closely with Thai and foreign clients to provide bespoke legal strategies based on the facts of the case and long-term personal and legal goals.

For more on our services in this area, visit our Family Law Practice Page.

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Case Study: Adultery Claim Dismissed Due to Lack of Knowledge

One of our clients, a foreign executive based in Bangkok, was sued in the Family Court for allegedly engaging in a relationship with a married Thai woman. Our legal team demonstrated that the client was unaware of her marital status due to deception and lack of public indicators. The court ruled in our client’s favor, and no compensation was ordered.

This underscores the importance of a legal team that can gather compelling evidence and craft a defense that aligns with both the letter and spirit of Thai law.

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Conclusion: Protecting Yourself in an Adultery Lawsuit in Thailand

Facing an adultery lawsuit in Thailand is not simply a private matter—it can escalate into a complex legal challenge with lasting consequences. Whether the accusations are true or false, your first step should be to consult with the lead law firm in Bangkok to build a strong, confidential legal defense.

At Siam Center Law Group, we protect your interests with expertise, discretion, and a commitment to legal excellence.

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Contact Us

If you have received a summons or believe you may be sued in an adultery case, schedule a confidential consultation with our legal team today. Early legal intervention can mean the difference between a manageable settlement and lasting personal damage.

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📞 +66 (0)2-648-5041-2
📩 info@siamcenterlawgroup.com