ปัญหาทางกฎหมายที่เกี่ยวกับการหย่า ตามมาตรา 1516(4/2) แห่งประมวลกฎหมายแพ่งและพาณิชย์ : ศึกษากรณีที่สามีและภริยาสมัครใจแยกกันอยู่เพราะเหตุที่ไม่อาจอยู่ร่วมกันฉันสามีภริยาได้โดยปกติสุขตลอดมาสามปี

Abstract

            In the case where one spouse files a lawsuit against the other spouse in order for the court to adjudicate divorce. which is one of the reasons for filing for divorce in Thailand Finding a new place to live for a separated couple involves costs. It creates a burden on one spouse to have to pack things up and leave the residence they used to live in together. And still can't find a new place to live. Therefore it is unavoidable to have to stay same accommodation But stay in different rooms for now. Having not had a relationship as husband and wife for more than three years, there is a problem that if the husband and wife voluntarily separate but still living in the same residence In the case of voluntary separation due to the inability to live happily together as husband and wife This is the principle of consideration in cases where married couples live separately and live far from each other, even if the spouses continue to live at the same address. It can be a cause for filing for divorce. And there are cases that directly arise that have already been decided by foreign courts. When comparing the aforementioned divorce filing grounds in Thailand According to the Civil and Commercial Code, Section 1516 (4/2) with foreign countries According to the Family Law Act 1975, Section 48 (2) and Section 49 (2), related concepts and judgments This article found that Separate principles under one roof Studies in foreign family law should be used to interpret the grounds for divorce as a result of voluntary separation according to Section 1516 (4/2). However, considering that spouses voluntarily separate but still living in the same house or the same residence But each side is separated.