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ResourcesFamily LawPrenuptial and Premarital AgreementsThai-American Prenuptial Agreements: The Necessity of Translation

Thai-American Prenuptial Agreements: The Necessity of Translation

Transcript of the above video:

As the title of this video would suggest, we are discussing prenuptial agreements or premarital agreements. Basically as the title suggests, we are discussing translation.

One of the major key points with respect to subsequent adjudication of a prenuptial agreement is that the, especially in the case of a foreign prospective spouse, understood what they were signing at the time that they signed it. So, as long as both parties understand what they are signing and there is full transparency with respect to what is being signed away, what is being given up, what is being given in consideration for the forbearance or for the signing away of certain rights and obligations, as long as everybody understands where everybody is at, generally speaking, I am speaking only generally, in a later adjudication as to the merits of the prenuptial agreement, generally speaking I think you are going to see judges seeing that matter as having been quite transparent as of the time of the for lack of a better term, transaction and they are probably going to go ahead and in most cases uphold that agreement between the parties.

This is why translation, especially for a Thai national is so important because they need to be able to read what they are signing away. Simply having them sign on the dotted line on something they don’t understand is not a particularly legitimate way of undertaking a prenuptial agreement; in fact it is far from it. It is for this reason that a translation is extremely important. Also attorney assistance is extremely important. We have done another video specifically on that issue on this channel. But that being said the thing to take away from this is translation is important. Our prenups, generally when we draft them, we actually do it clause by clause and actually have the Thai translation in tandem with the English for each clause so that everyone understands where they sit with respect to that agreement.

So the thing to take away from this video: translation is very important. Very good idea to not only have it translated but have the foreign fiancée undertake a review with their legal counsel in order to make certain that everybody understood what they were signing transparently, when they signed it, so there is not confusion at a later date that everyone wasn’t aware of what they were doing at the time they did it.