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ResourcesFamily LawPrenuptial Agreements for Thai-American MarriagesTax Considerations in Thai-American Prenuptial Agreements?

Tax Considerations in Thai-American Prenuptial Agreements?

Transcript of the above video: 

As the title of this video suggests, we are discussing prenuptial agreements and implications in a Thai American context as that pertains to tax. The fact of the matter is tax actually can kind of come up in a prenup context especially where, and again, I deal with a lot of prenups here in the office, and I assist Thai Attorneys in drafting - we usually do ones that are interlineated - so they are in English and Thai and they are line by line or paragraph by paragraph, again depending on the facts of the case, will drive how we draft a prenup. But basically, it's set up that way so that everybody understands what they are signing at the time they sign, and it is in both languages, English and Thai. I deal with a lot of this in the context of the United States especially for cases and clients who are seeking Fiancé(e) Visas to the United States; that is another thing to think about. 

That being said, and the thing to take away from this video is there are tax implications in a prenup context, especially as it pertains to decisions during the marriage as to whether or not to file married filing jointly, or married filing separately in one's tax returns, in the United States especially. And we actually have Provisions in prenups that we will draft up pertaining to the choice of how to file taxes in the USA. It is another reason why these prenups can be somewhat complicated and there may be special considerations especially when it comes to the issue of registration of the marriage in Thailand versus the United States, as the controlling law pertaining to the prenup will oftentimes be dictated by the destination if you will or the location of the actual marriage itself; what Sovereign Authority formalized the marriage or solemnized the marriage if you will. 

So that's the thing to take away from this video is there is a lot of jurisdictional stuff that comes into play with doing analysis of prenups and how there may be tax implications regarding both the terms of the prenup and the outcome in terms of the ongoing terms of the marriage, in terms of how for example taxes may be filed and in the event of dissolution, where you are dealing with what is the controlling law, you are going to be looking to the underlying jurisdiction of the marriage itself and that can have a bearing on Tax Matters as well especially in the event of dissolution as there could be tax consequences as a result of that. 

So there is a lot going on when it comes to prenuptial agreements and Tax matters associated therewith. Those who feel a bit overwhelmed by all of this, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.