Understanding Divorce in Cambodia

Cambodian law provides for both fault-based and no-fault divorce. While specific grounds are outlined, the legal system also grants judges significant discretion in divorce proceedings.

Grounds for Divorce

To initiate divorce proceedings in Cambodia, one spouse must cite at least one of the following grounds:

• Infidelity: Adultery or other forms of marital betrayal.
• Desertion: Abandonment of the marital home without justifiable cause.
• Missing Spouse: Absence of one spouse for a year or more without confirmed knowledge of their whereabouts.
• Separation: Living apart for at least a year without reconciliation efforts.
• Irretrievable Breakdown: A complete and permanent breakdown of the marital relationship with no possibility of reconciliation.

It’s essential to note that while these grounds exist, the court retains the authority to deny a divorce if it would cause undue hardship or suffering to the other spouse or children. Additionally, the court may reject a divorce petition if it finds the petitioner acted in bad faith or failed to fulfill their marital obligations.

Divorce by Mutual Agreement

Couples who mutually agree to divorce can petition the court without specifying grounds. However, the court must be convinced that both parties genuinely desire to end the marriage.

Division of Marital Property

Property acquired during a marriage is generally considered shared property. Spouses can agree on how to divide assets, but if they cannot reach an agreement, the court will intervene. Factors considered by the court include:

• Contributions of each spouse to acquiring and maintaining property
• Duration of the marriage
• Standard of living during the marriage
• Age, health, and occupation of both spouses
• Income and earning capacity of both spouses
• Welfare of any children

The Divorce Procedure

Divorce proceedings commence with a divorce petition filed either at the court or the commune council. The commune council has a 15-day period to attempt reconciliation before forwarding the case to court.

The court typically conducts mediation sessions to encourage reconciliation. If the couple cannot reconcile, the court will issue a divorce decree and address matters such as property division, spousal support, child custody, visitation, and child support.

Disclaimer: This overview provides a general understanding of Cambodian divorce law and does not constitute legal advice. It is crucial to consult with an attorney for guidance on specific legal matters.