Suing the Third-Party Adulterer in Thailand — Section 1523 Complete Guide

Suing the Third-Party Adulterer in Thailand

Many people don't realize Thai law allows the wronged spouse to sue the third party (the adulterer) directly for compensation under Civil and Commercial Code §1523. This is a separate cause of action from divorce — you can sue only the third party without divorcing, or jointly with a divorce petition. This article covers everything by Tanai Toon.

Section 1523 — The Statute

Civil Code §1523: "When the court grants a divorce on the ground in §1516(1), the husband or wife is entitled to compensation from the spouse and from the person who has been maintained or recognized as husband or wife, or who is the cause of the divorce."

In plain terms: if your spouse has an affair, you can sue both the spouse and the third party separately for compensation.

Constitutional Court Decision 13/2567 + 2024 Amendment (Latest Update)

On 18 June 2024 (B.E. 2567), the Constitutional Court issued unanimous Decision 13/2567, ruling that the original §1523 paragraph 2 of the Civil and Commercial Code violated Section 27 of the Constitution (equal-protection clause).

The original problem: The old paragraph 2 created unequal filing rights based on the third party's sex:

• A husband could sue any male third party who had relations with his wife.
• A wife could only sue a female third party if the woman "openly held herself out as having a husband-wife-like relationship with the husband" — a much higher bar.

Effect of the decision: The Court ordered the ruling effective 360 days after issuance — i.e., from 12 June 2025.

The amendment: Parliament enacted the Civil and Commercial Code Amendment Act (No. 24), B.E. 2567, revising §1523 paragraph 2 to grant equal filing rights regardless of sex. Both spouses can now sue any third-party adulterer without proving "open display," consistent with marriage equality enacted around the same time.

What changed — current law: Spouses of any gender can sue a third party of any gender for compensation on equal footing, by proving "maintaining as spouse," "recognition," or "ground for divorce" as defined by law — with no extra burden based on the third party's sex or whether the relationship was publicly displayed.

Who Can Sue?

• The wronged spouse — legally married husband or wife.
• Marriage must be registered. Common-law/cohabiting partners cannot sue.
• Engagement does not count — only registered marriage.

Who Counts as the Adulterer?

§1523 covers anyone "maintained or recognized" or "the cause of the divorce."

Recognized as spouse (judicial interpretation)

• Open behavior — going out, photographed traveling together
• Posts on social media as a couple
• Cohabitation
• Public couple appearances

Maintenance (interpretation)

• Spouse paying the third party's bills
• Monthly transfers
• Buying property, car, expensive gifts

"Cause of the divorce" (interpretation)

• Continuous sexual relationship enabling divorce under §1516(1).

Important: A one-time encounter typically does not meet "maintenance" or "recognition." However, Supreme Court precedents (e.g., 90/2553) hold that a continuous relationship sufficient to constitute the divorce ground also supports a §1523 claim.

Required Evidence

• Photos / videos — both seen together openly, at hotels, condos
• Chat messages — LINE, Messenger, Instagram DM showing the relationship
• Social-media posts — couple photos
• Financial records — transfers, joint receipts
• Witness testimony — neighbors, co-workers who saw behavior
• Investigation reports — by registered private investigators

Do not break into rooms or wiretap — privacy violations make evidence inadmissible.

Damage Amounts

Depends on the offender's means and the harm caused.

Compensation from the spouse is sought separately under §1523 — totaling two awards.

Limitation — Only 1 Year

The §1529 limitation for §1523 compensation is 1 year from learning the truth, not exceeding 10 years from the act.

Critical: If 1 year passes after discovery, the right is lost. Consult a lawyer and file promptly.

Joint Filing — Adultery Compensation + Divorce

The most common approach is to file divorce under §1516(1) + compensation against both the spouse and the third party in one petition at the Juvenile and Family Court — saving costs and time.

1. Gather evidence over 1–3 months to prove a continuous pattern.
2. Consult a lawyer; assess the case.
3. Lawyer drafts a petition with three claims — divorce, compensation from spouse, compensation from third party.
4. File at the Juvenile and Family Court.
5. Mandatory mediation — many cases settle here.
6. If no settlement, witness examination and judgment.

Suing the Third Party Without Divorce — Allowed?

Yes. §1523 does not require divorce first. Some spouses sue only the third party, demanding compensation, while staying married — used as leverage to end the affair.

Hypothetical Case Studies

Case 1 — Wife sues third party, no divorce: Mrs. A finds her husband is seeing another woman (Mrs. B). Mrs. A sues only Mrs. B for THB 500,000. The court awards THB 300,000. The relationship ends thereafter.

Case 2 — Joint divorce + adultery suit: Ms. C sues both husband and third party. Demands THB 300,000 from husband and THB 500,000 from the third party. The court grants both, divorces, and splits marital property 50/50.

Case 3 — Husband sues co-worker: Husband discovers his wife is seeing a co-worker. Sues the co-worker for THB 800,000. The court finds the co-worker knew the wife was married and continued — orders payment of THB 600,000.

Common Mistakes

• Insufficient evidence — Only 1–2 chat messages may not establish "maintenance" or "recognition."
• Illegal methods — Wiretapping, accessing the spouse's phone — evidence inadmissible.
• Letting 1 year pass — Right lost.
• Not registered as married — No standing to sue.
• Suing only the third party expecting the spouse to return — Sometimes the spouse leaves with the third party instead.

FAQ

What if the third party didn't know the spouse was married?
Hard to win — must prove the third party knew. If unproven, the case is dismissed.

Can I sue a third party living abroad?
You can sue in Thailand if the impact occurred here, but cross-border enforcement is difficult.

Lawyer fees for adultery cases?
THB 30,000–100,000 plus 10–20% of recovery.

Can I sue a same-sex third party?
Yes. Under Constitutional Court Decision 13/2567 (18 June 2024) and Civil Code Amendment Act No. 24 (B.E. 2567, effective 12 June 2025), filing rights are equal regardless of gender. Both spouses can sue any third-party adulterer without regard to sex — no need to prove "open display" anymore. Aligned with earlier Supreme Court Decision 6383/2563.

What if the third party has no money?
Enforce against assets, garnish salary, etc.

Conclusion

Suing the third-party adulterer is a clearly recognized right under §1523. The 1-year limitation is short, and evidence must be solid. If you suspect infidelity, consult a lawyer to plan lawful evidence preservation. Contact Tanai Toon — Witoon Yaemplab Law Office at 081-544-0944 or LINE @toonmaster for a free initial consultation, daily 07:00–20:00.