Thailand prenuptial attorneys, Chaninat and Leeds explain that prenuptial agreements which have international aspects to them, may fall under different legal jurisdictions which have different requirements. It is therefore important to ensure any Thailand prenuptial agreement addresses those needs and is valid under Thailand Prenuptial Law.

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.

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Related Documents: Thailand Prenuptial Law

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