Often when couples get married in Thailand, they are keen to learn more about the benefits of prenuptial agreements and the security they bring.
However, the New York State Court of Appeal has ruled a prenuptial agreement to be invalid because it did not have an accompanying statement that the husband had proven his identity to a notary. Thomas Reuters has reported that an affidavit served during divorce proceedings some 10 years later could not remedy the defect thus ruling the prenuptial agreement defective.
Jurisdictional requirements are key in prenuptial agreements which can become additionally complex in cases where there are multiple jurisdictions involved: place of marriage, place of assets, place of divorce, different nationalities of parties and parties who change jurisdiction during the course of proceedings.
Thailand has very specific procedural requirements set out in the Thailand Prenuptial Agreement Law and therefore great care should be exercised before entering a prenuptial agreement. For example a Thailand prenuptial agreement is void if it is not entered into the Marriage Register at the time of registering the marriage; or if is not executed in writing and signed by both spouses with a minimum of two witnesses. It would be prudent of those thinking of entering into a prenuptial agreements to take advice from a specialised Thailand attorney who understands both Thailand law and transnational law and who appreciates the important jurisdictional points.
It is believed the New York wife will now seek an equal split of the assets.
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