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ResourcesThai Civil and Commercial CodeBook5Book V Family Title I Chapter VI Termination of Marriage

Book V Family Title I Chapter VI Termination of Marriage

Page: 199

Section: 1524 - 1531

Section 1524.-If the ground of action for divorce under Section 1516 (3), (4) or (6) arisen through an act of the party at fault with the intention to make the other party so intolerable that action for divorce has to be entered, the other party is entitled to compensation from the party at fault.

 

Section 1525.- The Court shall decide the compensation under Section 1523 and Section 1524 according to the circumstances, and the Court may give an order for a single payment thereof or payment in instalments as may be deemed suitable by the Court.

In case where the person who has to make the compensation is the spouse of the other party, The Court shall also take into consideration the share of the property received by the former from the liquidation of the Marriage Portion on account of such divorce.

 

Section 1526.- In case of divorce, if the ground for divorce has derived from the guilt of only one party, and the divorce will make the other become destitute because of insufficient income out of own 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 decide whether the living allowances are granted 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 be applied, mutatis mutandis.

The right to claim the living allowances is extinguished if it is not raised in the plaint or counter-claim in the action for divorce.

 

Section 1527.- If the divorce is effected on the ground of insanity under Section 1516 (7) or on the ground of suffering from a communicable and dangerous disease under Section 1516 (9), the other spouse shall furnish living allowances to the spouse who is insane or is suffering from the disease, according to Section 1526, mutatis mutandis.

 

Section 1528.- In case of the party who receives the living allowances remarries, the right to receive the living allowances is extinguished.

 

Section 1529.- Rights of action based upon any of the grounds provided in Section 1516 (1), (2), (3) or (6), or Section 1523 are extinguished after one year when the fact which can be alleged by the claimant has been known or should have been known 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.- While an action for divorce in pending, the Court may, on application of either party, make any provisional order which it thinks proper such as those concerning the Marriage Portion, the lodging, the maintenance of the spouses and the custody and maintenance of children

 

Section 1531.- In case where the marriage has been registered according to law, divorce by mutual consent 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 set up to the prejudice to the rights of third persons acting in good faith unless the divorce has been registered.