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