International Issues: Thailand Prenuptial Agreements

by admin on June 5, 2013

 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.

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Related Documents:  Thailand Prenuptial Law

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