An Australian man is attempting to have his prenuptial agreement of $3.2 million overturned on the premise his former spouse lulled him into marriage and that it was not valid following the amendments to the Family Law Act in 2009 reports the Sydney Morning Herald.
His claim was denied at first instance by the trial court, who heard evidence that he was keen to enter the agreement after the demise of his first marriage and the loss of valuable assets. He has just applied for permission to appeal.
As Thailand divorce attorneys, we are often asked about the validity of prenuptial agreements, particularly when there is more than one jurisdiction involved. In the event that the marriage ends in divorce, the location where the marriage was registered will help decide where divorce proceedings are held and what nation or state’s law is applied. International divorces raise complex issues regarding what nation or state’s court has jurisdiction and what national law is applied to the case. Asset protection should be considered at the prenuptial stage of the marriage.
Individuals have different priorities and objectives when marrying, however, and must decide which type of arrangement might fit their needs best. Consultation with a qualified attorney is always advisable.