Yes, if you are legally married. Section 1523 of the Thai Civil and Commercial Code lets a spouse claim compensation from a person who had an adulterous relationship with their spouse, or openly displayed one, without divorcing first. It is a civil claim for money, with a one-year time limit.
Who can sue under section 1523?
Only a legally married spouse. Under section 1457, a Thai marriage exists only once it is registered; a marriage validly made abroad can also count. A long relationship, a wedding ceremony or a dowry without registration is not enough.
Your nationality does not matter. A foreign husband can bring the claim in a Thai court, and since the 2025 amendment the section speaks of "spouses", so it works the same way for every couple.
One bar is absolute: under the third paragraph of section 1523, a spouse who consented to or connived at the relationship cannot claim.
Who can be sued, and do you need to divorce first?
Section 1523 has two routes. You do not need to divorce to use the second one.
| Route | Who pays | Divorce needed? |
|---|---|---|
| Paragraph one | Your wife, and the person she supported or honoured, or who caused the divorce | Yes, a court divorce on ground 1516 (1) |
| Paragraph two | A person who took liberties with your wife in an adulterous way, or openly presented themselves as having an adulterous relationship with her | No |
Many husbands who want to save the marriage use only paragraph two. If you choose a court divorce, you can claim against both your wife and the third person in one case.
The lover's gender is irrelevant. The current wording speaks of "a person", not a man.
What evidence do Thai courts look for?
You must prove two things: that you are married, and that the other person's conduct fits section 1523. Courts look at the whole picture, not one photo. Useful evidence includes:
- Your marriage certificate, or the record of a foreign marriage with translation
- Photos or videos showing a relationship beyond friendship, with dates
- Messages or social media posts that show the relationship, with the sender's account visible
- Witnesses who saw the two together, travelling or staying together
- Evidence of the harm to you: humiliation among family or colleagues, effects on health or work
Collect evidence lawfully. Hacking accounts or entering someone's home can expose you to criminal complaints, and posting accusations online can lead to a defamation case against you.
How much compensation can you get?
There is no fixed tariff. Section 1525 lets the court decide as the circumstances warrant, payable in a lump sum or instalments.
Courts commonly weigh how open and long the relationship was, its effect on the marriage and family, and the standing of the parties. Where the payer is your spouse, the court also considers what she received when marital property was divided.
How long do you have to file?
One year. Under section 1529, the right to claim under section 1523 ends one year after you knew or ought to have known the facts. The clock starts from your knowledge, not from when the affair began.
Write down the date you first learned of the affair, and how. If that date is approaching one year, file first and perfect the evidence later; a late claim is lost no matter how strong it is.
Is it a civil or a criminal case?
It is civil. Adultery is not a crime in Thailand, and nobody goes to prison for it; the remedy is money. The claim is heard by the Juvenile and Family Court, and a judgment is enforced against the defendant's assets and income in Thailand.
- Confirm your marriage is registered and note the date you learned the facts.
- Gather and back up lawful evidence.
- Identify the defendant's full name and address in Thailand.
- File with the Juvenile and Family Court, or negotiate a written settlement.
- If you win and the defendant does not pay, apply for enforcement.
For how a full divorce case runs, see Contested Divorce in Thailand: Grounds and Court Process.
Frequently asked questions
Can I sue if my wife's lover is a woman?
Yes. Section 1523 is gender-neutral. The question is whether the conduct is adulterous or openly displayed, not the gender of the person.
Can I still sue after we registered our divorce?
Generally yes, if the relationship happened during the marriage and you are within the one-year period. A claim against your wife under paragraph one needs a court divorce on ground 1516 (1), not a registered consent divorce.
Do I have to live in Thailand to sue?
No. A Thai lawyer can file on your behalf under a power of attorney, but you may need to give evidence, sometimes remotely if the court allows.
Can we settle out of court?
Yes. A written compromise signed by the paying party is binding, and a settlement recorded in court becomes a judgment that is easier to enforce.
Will my wife have to testify?
Not necessarily, but either side may call her. Think about the effect on your family before you file. The Thai guide ฟ้องชู้อายุความกี่ปี explains how the deadline is counted.
What should you do next?
Decide first whether you want to keep the marriage, because that decides which paragraph of section 1523 you use. Then secure your evidence and the date you learned the facts.
A Thai family lawyer can assess the evidence, the deadline and the realistic range of compensation before you commit. If you are also considering divorce, read Divorce in Thailand for Foreigners.
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