Transcript of the above video:

As the title of this video suggests, we are asking the question "are there limitations to prenuptial agreements?" I think there are a lot of misconceptions out there about Thai-American, in the Thai-American context if you will; we deal with a lot of prenups in the context of folks who are bringing a loved one especially back to the United States and they want to deal with a prenuptial agreement. 

There are a lot of misconceptions out there, one of the biggest ones regarding prenups is that they have anything to do with child custody, and that just isn't the case. I have had multiple people over the years tell me "okay I want this provision regarding if we have any children, who the custody will go to in the event of a divorce or a dissolution of the marriage." A prenup can't do that, that is not the job of a prenuptial agreement, one, and the Courts ultimately will have the jurisdiction over what is in the best interest of the child or children regarding custody and maintenance in the event that there is a marital dissolution. So this is one major, major restriction if you will or encumbrance if you will on the scope of a prenuptial agreement. It cannot really pertain to anything having to do with children. 

Now depending on different jurisdictional issues there may be other restrictions; there may also be certain aspects of inheritance law that play into how one drafts a prenuptial agreement, and we often have found that we need to be kind of assiduous in making sure things are in line in that vein. But the thing to really take away from this video is one major restriction in terms of what you can do within the four corners of a prenuptial agreement pertains to child custody.