When Infidelity Becomes a Legal Issue – Are Men and Women Treated Equally in Thai Divorce Law?

In Thailand, adultery is recognized as a legal ground for divorce under Section 1516 of the Civil and Commercial Code. However, in real court practice, how infidelity is interpreted—and who bears the legal consequences—has not always been equal for men and women.

What Counts as Infidelity Under Thai Law?

Traditionally, if a wife was found to have had sexual relations with another man, the husband could file for divorce without much difficulty. Courts would often accept even a single act of infidelity as sufficient justification.

For men, however, the legal threshold was less clear. If a husband had an affair with a married woman, this was clearly considered adultery. But if the other woman was single—and especially if the relationship seemed casual or short-lived—courts sometimes declined to view it as legally actionable. In practice, this created a gender bias in Thai family law.y

Constitutional Court Reform: A Step Toward Equality

This unequal treatment was challenged in recent years. In 2024–2025, the Thai Constitutional Court reviewed the constitutionality of parts of the Civil Code, especially Section 1523. This article had allowed only husbands to sue their wives’ lovers for damages, but not the other way around. The court ruled this was discriminatory.

As a result, the law was amended. Now, both spouses—regardless of gender—have equal legal rights to claim damages and file for divorce on grounds of infidelity. The new language is gender-neutral and protects the rights of all individuals, including LGBTQ+ couples in recognized partnerships.

Adultery, Evidence & Compensation

It’s important to understand that adultery not only justifies divorce but can also lead to compensation claims. The injured party may sue both their spouse and the third party for damages, including emotional distress, loss of dignity, and reputational harm.

However, courts require credible evidence, not just suspicion. This can include witness statements, photos, digital messages, or surveillance records. A full confession isn’t necessary—what matters is whether the facts clearly point to romantic or sexual involvement.

How Orchid Eyes Can Help

This is where Orchid Eyes can help. We specialize in discreet and legally compliant investigations, gathering evidence that stands up in Thai court. Our reports are always documented with time-stamped photos, professional observations, and cultural sensitivity.

Summary

Infidelity can shake a marriage, but in court, facts matter more than assumptions. Thai divorce law has become more balanced in recent years, offering equal rights to all spouses. Still, dealing with affairs or mia noi involves complex emotions and legal standards.

If you need to uncover the truth - quietly and professionally - Orchid Eyes is here to support you. We help you move forward with facts, not doubt.