Transcript of the above video: 

As the title of this video suggests, we are discussing prenuptial agreements. We are specifically discussing this in the context of child custody. I'm making this video today because I recently was on the phone with somebody talking about prenups and I forgot that this is a pretty common misconception among laypeople regarding how prenuptial agreements may operate. Somebody was saying "okay I want to go ahead and draft a prenup, and I want to make sure that there are provisions in there regarding child custody in the event we have children."

Prenuptial Agreements cannot dictate child custody because you can't really sign a contract between two people pertaining to the custody of a third party i.e. the child. At the end of the day, Courts in any jurisdiction I have ever heard of, Thailand and America included, are going to view that as their exclusive jurisdiction, as being within their bailiwick. What is within their bailiwick? The issue of child custody. Courts view that as a matter for them to decide, i.e. deciding what is in the best interest of the child, notwithstanding the existence of a prenuptial agreement. 

Meanwhile having provisions in a Prenuptial Agreement regarding child custody could actually make the Prenuptial Agreement less enforceable if you will, it could weaken it in certain ways because again once Judges start looking at and throwing out provisions in a given agreement, it gets really easy to start throwing out other provisions. So even though maybe one provision is illegal and technically speaking another is valid on its face, they start scrutinizing deeper, and they start saying well hey they decided they were going to be able to do this and now they are saying, in one provision something that is illegal, I want to go ahead and take a look at this whole thing and make sure it's all on the up and up and that can result in problems when you are in a situation where a Prenuptial Agreement is being adjudicated down the line. 

So the thing to take away from this video is while Prenups can be drafted in such a way to be "ironclad" regarding certain matters pertaining to finances, marital estate matters, assets within the marriage etc., matters pertaining to child custody just simply should be omitted from any type of Prenuptial Agreement.