Improving the Legal Provisions on Divorce according to the Civil and Commercial

Abstract

          This research aims to examine the guidelines for amending and improving the legal provisions governing divorce proceedings under Section 1516 of the Civil and Commercial Code. The study adopts a qualitative methodology through documentary research by reviewing both Thai and international sources, including academic studies, books, journals, articles, statutory provisions, and other relevant materials. The collected data were analyzed, interpreted, and synthesized to formulate conclusions.
          The findings indicate that, although Section 1516 of the Civil and Commercial Code of Thailand prescribes twelve grounds for divorce, the filing of a divorce action remains complex. Each subsection requires judicial interpretation; some are applied rigidly, while others lack consistent interpretative standards. Furthermore, the courts’ consideration of the subjective circumstances of the spouses, in conjunction with the statutory grounds for divorce, has led to a wide range of judicial discretion. This variation, reflected in several Supreme Court decisions, demonstrates inconsistency and confusion in the enforcement of family law concerning divorce.
          Based on the analysis, the researcher proposes amendments to certain subsections of Section 1516 to increase flexibility and to enable the courts to exercise discretion more appropriately according to each case’s specific circumstances. These proposed reforms aim to align the law with contemporary social contexts and ensure fairness to the aggrieved spouse. The suggested amendments concern subsections (1), (5), (6), (7), and (10), while subsections (2), (4), (4/1), (4/2), (8), and (9) are considered appropriate and should remain unchanged. As for subsection (3), the researcher finds it comprehensive and suitable but recommends that clear judicial guidelines be established to assist the courts in assessing marital circumstances, thereby fostering consistency in the application of the law.