The UK Law Commission has recommended that prenuptial agreements, provided that the agreements meet certain standards for fairness, should be treated by UK Courts as legally binding contracting spouses in divorce cases. Among the standards recommended by the Law Commissions are disclosure of assets and assuring that the needs of the separating couple and the children have been taken into account reports The Guardian.
We have previously reported the increasing trend of UK Family Courts recognizing prenuptial agreements in the UK. The UK appears to be taking a shift towards the legalization of prenuptial agreements, and this is the clearest signal yet.
British Courts began to increasingly recognize that prenuptial agreements as legally enforceable following a landmark 2010 decision in the case of Radmacher.
International marriages are extremely common in Thailand. Although Thailand has its own statutory rules for the recognition and enforcement of prenuptial agreements, international marriages often need to take into account foreign law and Conflict of Law rules when drafting prenuptial agreements in Thailand.
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