Despite the fact they won’t become legal until late 2013/early 2014, the use of prenuptial agreements in the UK is increasing. Many couples were of the view that there was little point in entering into a prenuptial agreement as they would not be enforceable but in fact since a landmark case that was decided in 2012 upheld a prenuptial agreement, they are becoming more and more popular.
Because they are yet to be legally binding, English courts still retain a discretion whether to uphold an agreement or not. They will look carefully at when the agreement was drafted and in what circumstances. Therefore a prenup entered into in a short marriage where there has been no children is more likely to be upheld than when there has been a long marriage and personal circumstances are very different to when the terms of the prenup were decided.
Under Thailand prenuptial law, you may be able to specify the properties involved and separate them into two categories joint property and individual property. You can also specify how finances will be managed during the marriage. However, restrictions on child support are generally not allowed. If you are arranging an international marriage, then consideration should be given to hiring a Thailand attorney with international experience who will be skilled in drafting international prenuptial agreements.
Thailand prenuptial attorneys, Chaninat and Leeds explain that prenuptial agreements may have international aspects to them causing the same prenuptial agreement to fall under two or more different legal jurisdictions. Different jurisdictions can sometimes have different legal requirements. It is therefore an important consideration that any Thailand prenuptial agreement takes into account those aspetcs and is valid under Thailand Prenuptial Law.
Prenuptial agreements are a unique type of contract. Most standard contracts, unless they contain illegal clauses, tend to enjoy a freedom of contract, but governments tend to regulate prenuptial agreements because they deal with family issues.
The validity and legal requirements of a prenuptial agreement may differ depending on the jurisdiction in force.
It is important to remember the validity of a prenuptial agreements is not tested until one or both of the parties wishes to rely on it. A new automobile can be test driven, or alternatively a warranty is likely to be provided with the purchase of a new electrical item but in contrast, there is no way of ensuring the quality and validity of the prenuptial agreement until it is tested during divorce proceedings. A defective prenuptial agreement may leave parties unprotected with no further recourse.
If there is only one jurisdiction involved in a prenuptial agreement then matters should hopefully remain relatively straightforward. For example, Couple A live, get married, get divorced, and have all of their assets in New York. Any prenuptial agreement should be relatively straightforward as there is only one jurisdiction – New York.
In contrast Couple B met and were married in Thailand, registering a prenuptial agreement at the same time. Following the wedding, they moved to Germany. After separating and starting divorce proceedings, Mr B stayed in Germany and Mrs B returned to Thailand to be with her family. They have joint assets in both countries. Any divorce proceedings or enforcement of a prenuptial agreement would become far more complicated because two different jurisdictions would be operating and there could well be a conflict between Thai and German laws.
It is important therefore that any prenuptial agreement anticipates such a situation arising. If a consumer requires a prenuptial agreement suitable for different jurisdictions, it is important to instruct an attorney who is both a divorce and prenuptial litigation specicliast and is familar with international issues.
The internet may well be responsible for altering the dynamics and longevity of marriage.
A new study undertaken by the Proceedings of the National Academy of Sciences has discovered that more than 1/3 of American couples who got married between 2007-2012 met online. However the results also revealed that 8% of those who met through traditional offline dating methods were separated or divorced, in comparison to only 6% of those who met online.
Online dating has a major market in Thailand. Popular Thai online dating sites including Thai Lovelinks and Thai Kisses report membership to be well in excess of a million people.
It is common for Thai/foreigner relationships to include some form of “online component” be it from meeting through online dating sites to social media networking sites like Facebook, twitter and instagram Skype and Facetime can also help keep long distance love alive.
Relationships that began online between Thai/foreigner couples may well lead to a wedding proposal. Online relationships may well be a match made in heaven; however many sensible individuals still like to know their assets are protected. Therefore many couple who decide to get married in Thailand, see the benefit of registering a Thailand Prenuptial Agreement at the same time.
73% of survey respondents from the American Academy of Matrimonial Lawyers (AAML) noted an increase in prenuptial agreements with 52% of AAML members stating that more women are initiating requests for it and 36% cited a rise in pensions and retirement being included in prenup agreements.
According to Marlene Eskind Moses, an AAML representative, prenuptial agreements are becoming more generally accepted as a normal decision to protect assets. Requests for prenuptial agreements are no longer limited to specific genders or groups. As our society sees more people marry or remarry, there is an increasing emphasis on protecting pensions and retirement benefits if the marriage does not work.
Persons who marry outside their home country may have special issues concerning the applicable law for the prenuptial agreement. Conflict of Law is the field of law that determines the law of what nation or state will be used in a divorce case or a prenuptial agreement. This important subject is often ignored by persons entering into prenuptial agreements as well as by attorneys unfamiliar with international practice.
In Thailand, conflict of laws in Thai prenuptial agreements need to be considered carefully. Applicable laws that may be significant to a prenuptial agreement include:
The law of the state of signing of the prenuptial agreement
Senior divorce is a growing trend as divorce rates among couples over 50 doubles, according to a study by Bowling Green University. Less that one in ten people who divorced were 50 or older in 1990 but in 2009, that figure was one in four.
According to the co- author of the study, Susan L. Brown, people in modern western culture have high expectations for what constitutes a good marriage and are increasingly seeking for self-fulfillment and individual happiness in relationships. When seniors reach a retirement age at 60 or 65, they often think “well, I can live another 20 or 25 years. Do I want to spend my life with that person? Is she or he making me happy? And if not, well divorce is a viable alternative”
According to Thailand divorce lawyers ,Thailand is a popular destination for retirement. Many married persons looking for a new start as a single person relocate to Thailand. Therefore, senior divorce also appears to be a growing trend in Thailand.