Category Archives: Thailand Family Law

Prenuptial Agreements To Become Legal in the UK?

It seems the UK is closer than ever before to making prenuptial agreements legal.

There have been two different stories in the press this first week of February 2014:

Firstly, that the Matrimonial Property, Needs and Agreements paper is due be presented to the Justice Secretary prior to  before Parliament.

The news comes as Family Law Week  reports that this week the UK Courts enforced a prenuptial agreement that was being challenged by a wife seeking to overrule the agreement, however the Court decided after a careful review of the agreement, that it should be upheld, moving away from the more traditional stance of English courts in putting prenuptial agreements to one side.

However, it is unlikely this will become officially law until after the General Election which is due to take place next year.

In a Thailand prenuptial agreement, individuals can specify the properties involved and separate them into two categories joint property and individual property. Couples can also specify how finances will be managed during the marriage.

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Prenuptial Agreements: US Law, Thailand Law and EU Law Compared

International Prenuptial Agreements: Conflicts of Law in the United States

European Prenuptial Agreements and the Hague Convention

Prenuptial Agreements in Japan – the Devil’s in the Details

Prenuptial Agreements and International Law

In an era where it’s expected that almost half of all marriages will end in divorce, prenuptial agreements may provide a valuable tool for asset protection and the avoidance of future disputes and litigation.

However in an era where the world also seems smaller than ever it is important that any prenuptial agreement takes into account international jurisdictions.

This video by Thailand attorneys Chaninat & Leeds explains more:

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International Prenuptial Agreements: Conflicts of Law in the United States

European Prenuptial Agreements and the Hague Convention

International Prenuptial Agreements in Japan

Prenuptial agreements are not common in Japan, however Japan does have extremely detailed laws governing their application. This distinguishes Japan from many other countries, such as the United States where the laws are not clear cut, and can leave many couples finding their agreements are invalid.

Japan has extremely detailed laws that govern the conflict of law issues of international prenuptial agreements. Conflicts of law arise w here there are two or more countries that have an interest in the case or jurisdiction to decide a case and they have conflicting laws to apply to the case.

If a conflict of law issues arises with a prenuptial agreement in Thailand  then courts will rely on the Thailand Conflict of Law Act.

Read the full article here

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Prenuptial Law in Europe, Australia and the UK

We have an iron-clad prenuptial agreement and other Myths of the Prenuptial Agreement

 

A Legal Comparison of Prenuptial Agreements in The US, Thailand and the EU

With the rise of globalization and increased ease of travel, an international perspective is vital to most legal matters. Many countries have recognized the necessity of a uniform approach for the treatment of international prenuptial agreements and their legislatures have responded and indeed more couples are seeing the benefits of entering into a prenuptial agreement either to protect specific assets, or just for general peace of mind.

However if there are conflicting jurisdictions how do Courts deal with such issues?

Unfortunately, even if the parties’ try and plan ahead an and include a choice of law provision it can sometimes be the case that this offers more problems than it does solutions.

In Thailand if a prenuptial agreement  has conflicting jurisdictional issues, then the Thailand Conflict of Laws Act clarifies any international conflict of laws in Thailand, but sadly the situation is much less clear in the US, where couples can never be certain quite how the Courts will rule.

In the EU, the Hague Convention on the Law Applicable to Matrimonial Property Regimes presents a uniform and highly flexible approach to prenuptial agreements which again provides more certainty than the US presently do.

This article by Joe Leeds, manager of Chainat & Leeds law firm looks in more detail at how international prenuptial agreements are dealt with and carries out a detailed comparison of US law, Thailand law and EU law.

Read the full article here 

Polygamist Politician Faces Acrimonious Divorce

A foreign politician has started divorce proceedings in the UK courts against his fourth wife according to The Telegraph.

Polygamous marriages are lawful in Egypt for all Muslim men.

Even at this early stage, proceedings have got nasty and the pair have argued bitterly over spousal support, meaning a judge has been asked to rule even before the first initial hearing which is due to take place in February.

Thailand divorce attorney, Jiraporn Thongpong says, “the case highlights that different jurisdictions may have different rules and laws on marriage and divorce and if you are getting a divorce from a country different to the one where you married, you would be wise  to take legal advice from a law firm who have international experience in divorce cases”.

Read the full story here

Related Video:

Related Articles:

Prenuptial Agreements: US Law, Thailand Law and EU Law Compared

International Prenuptial Agreements: Conflicts of Law in the United States

European Prenuptial Agreements and the Hague Convention