Prenuptial agreements are a specialized form of contract because governments play a far larger role in prenuptial agreements because they regulate family affairs. This is different to most standard legal contracts.
Different jurisdictions have different requirements for what makes a prenuptial agreement valid.
The important thing to remember about prenuptial agreements is that their quality will only be tested when an attempt is made to enforce by one of the parties. Unlike a new car, which can be test driven, or a a new electrical item which should offer a warranty allowing a defective or faulty product to be returned or exchanged, there is no way of knowing the validity of the prenuptial agreement you have entered into, unless divorce proceedings are commenced. If there is then an issue with the the prenuptial agreement being defective, it may be too late to change it.
Jurisdiction issues are better explained by way of an example.
If there is only one jurisdiction involved in a prenuptial agreement then matters tend to be straightforward. For example, Couple A live, get married, get divorced, and have all of their assets in California. Any prenuptial agreement should be relatively straightforward as there is only one jurisdiction - California.
In contrast, things can change when there are two or more different jurisdictions. Couple B met and got married in Thailand, but then moved to New York. After commencing divorce proceedings, Mr B decides to stay in New York, but Mrs B returns to Thailand. They have joint assets in Thailand and the US. Any divorce proceedings or enforcement of a prenuptial agreement would be far more complicated than in the first scenario because Thailand and the US operate under different legal systems. There could well be a conflict between those laws.
It is important therefore that any prenuptial agreements anticipates this issue.A consumer may therefore wish to consider instructing a practitioner who has both divorce and prenuptial litigation experience and is confident with international issues.
Watch the video here:
Related Documents: Thailand Prenuptial Law
Related Articles: U.S. Prenuptial Agreements in Thailand: Why Thai Law is Important
International Prenuptial Agreements: Conflicts of Law in the United States
Prenuptial Agreements: US Law, Thailand Law and EU Law Compared
International Prenuptial Agreements: Issues for Prenuptial Agreements in the United States
U.S. Courts and the Application of Foreign Law to International Prenuptial Agreements
Prenuptial Agreements Could Be Challenged