Tag Archives: US

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 

Russia Warns Citizens About US Extradition Laws

It is common to see countries warning citizens about dangers abroad, but Russia has posted slightly different advice, by warning people who are wanted in the US to not visit countries that have an extradition treaty with it.

A warning on the ministry website alleged that several Russians had been “in effect abducted and taken to the US” in “prejudiced court proceedings”.

Thailand currently has Extradition Treaties with 14 countries. Extradition proceedings in Thailand are governed by the Extradition Act of 2551, but are also dependent on the provisions of international treaties.

Relevant Video:

 Relevant Articles:

Thailand’s Notable Criminal Extradition Cases

Fugitives in Thailand

Thailand’s Treaties:

Thailand Sweden Criminal Exchange Treaty: Criminal Law for Prisoner Transfer

Thailand Denmark Criminal Exchange Treaty: Criminal Law for Prisoner Transfer

Thailand USA Criminal Law Treaty: International Law for the Transfer of Prisoners

Thai Nigeria Criminal Transfer Treaty: Criminal Law for the Exchange of Prisoners

Thai Israel Treaty: Criminal Law for the International Transfer of Prisoners

Treaty between the government of the kingdom of Thailand and the government of the United States of America on mutual assistance in criminal matters 

Treaty of Extradition between Thailand and United States of America

Treaty owinsgan Extradition between The Kingdom of Thailand and The Republic of Korea

Treaty between The Kingdom of Thailand and The People’s Republic of Bangladesh Relating to Extradition

Treaty between The Kingdom of Thailand and The People’s Republic of China on Extradition

Treaty between The Government of The Kingdom of Thailand and The Government of The Republic of The Philippines Relating to Extradition

Treaty between The Government of The Kingdom of Thailand and The Government of The-Republic of Indonesia Relating to Extradition

Thai-Malaysian Exchange of Notes Regarding Extradition Treaty

Treaty of Extradition between Thailand and Great Britain

Texas Divorce Case Highlights Rare Immigration Clause

No doubt Steve Summers is regretting his decision to apply for US residency for his former spouse, Mexico-born Evangelina Zapata and signing an affidavit vowing to support her so that she would not become a “public charge” as she is now using the very same document against him to claim alimony reports Fox News Latino.

Zapata is asking for her former spouse to agree to support her at 125% of the federal poverty level unless she becomes a U.S. citizen, or works for roughly 10 years in a job through which they pay into the Social Security system, or fails to keep the permanent legal residency status.

US immigration attorneyscommenting on the case have pointed out that millions of other U.S. citizens have signed similar documents, but fail to realize the full implications of what they are agreeing too. Admitedly these documents are often signed and forgotten about, but this case highlights their importance and the future implications they could have.

Read the full story here

Related Documents:

Thailand Divorce Law

Divorce:

Marriage and Divorce in Thailand: When Love Turns Deadly

Thailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?

 

 

 

US Divorce Has Lasted 17 Years

A 17-year legal fight between two US law professors over their divorce and continuing disputes has drawn criticism from judges who say the pair are setting a bad example not only to future divorcees, but to present and future law students.

The battle has seen both Christo Lassiter  and former wife, Sharlene Boltz call the police on the other, and both lose custody of their children. Many of the historic issues related to custody of the children, who are now 17 and 20 years old, whereas presents arguments center around money.

The date of the next hearing is September 6.

In Thailand divorce law, a divorce agreement, also known as a divorce settlement agreement, is a contract drawn between a divorcing couple that determines issues concerning the divorce such as: the division of shared property, child custody, visitation, alimony, and other marital issues. In general, in a court divorce case the parties may negotiate a settlement agreement with the assistance of a Thailand divorce attorney rather than pursue a full-on court divorce and wait for and accept a court judgment. In an uncontested administrative divorce at the Khet or Amphur the persons divorcing may also enter into a divorce agreement and have it made part of the official record.

Related Video:

Related Documents:

Thailand Divorce Law

Divorce:

Marriage and Divorce in Thailand: When Love Turns Deadly

Thailand Marriage and Divorce: Thai Dream or Foreigner’s Nightmare?

Foreign Law Bans In The US

A growing number of US states are giving consideration to banning international law, believing it to threaten their domestic court system.

Seven states have passed legislation since 2010 that bars state judges from considering foreign law in their decisions reports the USA Today. At least 25 other states have introduced similar measures. North Carolina last month became the seventh state to pass legislation barring judges from considering foreign law in their decisions.

The move would prevent judges from considering for example, sharia law or Islamic law, which is both a moral code and religious law that controls all aspects of Muslim life, ranging from religious obligations to family relationships.

Supporters of the new laws proclaim they will help protect American constitutional liberties,  whereas others are concerned about the impact that will be seen on international prenuptial agreements and business agreements. Missouri veoted the bill due to concerns about how international adoptions would be effected.

This is however certainly something that persons who formed contracts or prenuptial agreements or have strong cultural ties to foreign countries and laws.

In Thailand, the Conflict of Law Act controls any international conflicts.  The Act is divided into six main titles which each deal with a specialized area of law. If the parties do not have the same nationality, then the law of the country that the parties intended or are presumed to have intended to apply to their agreement will be applied by the court. Therefore by way of example, in a  Thailand divorce, the courts will use the laws of the nation where an international prenuptial agreement was signed will determine the validity of the agreement.

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

Choice of Law in Contract and Thai Private International Law: A Comparative Study

Some Theoretical Remarks on Thai Private International Law Compared to the Continental and the Common Law Traditions