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As the title of this video suggests, we are discussing the intersection between K-1 Fiancé Visas and prenuptial agreements for those in a Thai-American marriage; so we are talking about bi-national couples who are Thai-American. 

So first off to understand, Prenuptial Agreements are recognized in both the US and Thailand, so jurisdictionally there is no issue with respect to that. Now there are formality rules associated with a prenup in Thailand that don't exist under American Law, namely because  Thailand utilizes a Civil Registrar system when registering marriages - and also divorces for that matter - part of the process of dealing with a prenup in Thailand if the marriage occurs in Thailand, is that the prenup has to be registered at the time and with the marriage. That can cause some problems for a variety of different reasons under different circumstances, not all the time. Depending on the underlying circumstances in a given case, it may be prudent to go ahead and do a prenup and get married in Thailand. But under other circumstances, especially where there's a desire to take one's spouse to America from time to time or permanently, it may be a better idea to get married in the United States and deal with the prenup purely under US Law, and then utilize a K-1 Fiancé Visa to get that person to the United States so that the marriage can occur within the United States, the marriage itself then operating as the consideration for the contract itself thereby formalizing and if you will, solemnizing both the marriage and the prenup at the moment that the marriage occurs.

What I'm trying to say here is there is a qualitative difference in the formalities associated with a prenup that is drafted and executed under Thai Law via the registration of the marriage and the prenup in Thailand, as opposed to the US where the prenup registration requirement does not exist. 

These are qualitatively different things, and those who are dealing with these matters, it's going to require some nuanced analysis of the facts in a given case. And for this reason, it may be a good idea to utilize a K-1 Visa to take that person to the United States in order to get the marriage solemnized therein.