Thailand prenuptial attorneys, Chaninat and Leeds explain that prenuptial agreements which have international aspects to them, may fall under different 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. Unlike business contracts which, unless they contain illegal clauses, tend to operate with freedom of contract, governments play a far larger role in prenuptial agreements because they regulate family affairs.
Different jurisdictions have different requirements for what makes a prenuptial agreement valid.
The interesting thing about prenuptial agreements is that their validity is not tested until they need to be enforced. Unlike the purchase of a new car, which can be test driven, or a purchase of a new electrical item which should come with a warranty, there is no way of knowing the quality of the prenuptial agreement you have entered into, unless divorce proceedings are commenced. If there is an issue with the validity of the prenuptial agreement which then comes to light, it may be too late to rectify it. You could be left with a defective unenforceable prenuptial agreement.
If there is only one jurisdiction involved in a prenuptial agreement then matters tend not to be very complex. 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.
Things change however when different jurisdictions are introduced. Couple B met and got married in Thailand, but then moved to the UK. After separating and starting divorce proceedings, Mr B stayed in the UK and Mrs B returned to Thailand and they have joint assets in both countries. Any divorce proceedings or enforcement of a prenuptial agreement would be far more complicated than in the first scenario because two different jurisdictions would be operating i.e. Thailand and the UK are multiple bodies of law and there could well be a conflict between those laws.
It is important therefore that any prenuptial agreements meets those needs, and if you are a consumer that needs a prenuptial agreement which addresses different jurisdictions, it is important to ensure you instruct a practioner who has both divorce and prenuptial litigation experience and is well versed with international issues.
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