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ResourcesFamily LawPrenuptial and Premarital AgreementsAre Prenuptial Agreements Enforceable in Thailand?

Are Prenuptial Agreements Enforceable in Thailand?

Transcript of the above video:

As the title of this video suggests we are discussing prenuptial agreements in the specific context of Thailand.

I did another video here recently specifically on the issue of translations for Thai American prenups and I got a question that popped up from somebody in our comment section and basically the question was, " Well that is great about American enforceability and things but do they operate in Thailand?" And to preface this let me be clear. I am not a Thai attorney I am licensed in the United States. I do head up the firm here and I do deal with Thai attorneys with respect to Thai family law specifically with respect to prenuptial agreements. But that being said, yes in point of fact just as sort of a brief overview they can be enforceable here in the Kingdom. However Thailand has some different rules of formality regarding prenuptial agreements compared to the United States so whereas the United States does not necessarily have certain things like registration requirements and things like that, Thailand does have the prenuptial agreement registration process which needs to be dealt with in order for that document to be enforceable within Thailand. That being said, if one is only dealing with a prenup that they want to have enforced in the United States, some of those formalities are not necessarily going to be an issue. This is especially the case in the context of context of for example the K-1 fiancées who are in the United States to subsequently marry in the United States who are dealing with a prenup prior to that marriage. In most of those cases that I have seen you are really not going to be needing to deal with the enforceability issues here in Thailand.

But that being said, each case is different. That is why it is a good idea to contact a law firm that has, especially in a Thai-American context, that has Thai attorneys and American attorneys to be able to explain this stuff, understand it and create and draft an agreement that is going to best fit the special circumstances of a given couple.