Transcript of the above video:

Jurisdictional issues and what is called Conflicts of Law can be a major issue with respect to prenuptial agreements. An issue that in my opinion most lay people really fail to fully comprehend.

When you are dealing with multiple jurisdictions, especially where the parties are two nationalities, you need to be very, very aware of the laws in the various jurisdictions that one may bump into shall I say when dealing with a possible divorce. So the jurisdiction where the marriage occurred is going to be fundamentally important, the jurisdiction under which the prenuptial agreement would be bound would be fundamentally important. So for example here in Thailand, there are various formalities associated with a prenuptial agreement that do not apply in the context of for example the United States or the various states of the United States. This can have major ramifications if you are not paying close attention or you don't have a lawyer that is well versed in how to deal with these aspects of prenups because you could find yourself in a set of circumstances wherein you can end up in a Court you don't even think has jurisdiction over the marriage or the divorce or the dissolution of the marriage or the allotment of assets. You could also end up in courts that have a wildly different view of marital estate and marital property. These are all issues that should be kept in mind when looking at how prenups should be drafted and the practicalities associated with the prenup in terms of where one was physically married for example, even where it was physically signed or where it might have been physically formalized. All of these are factors that can come into play with respect to the analysis, especially the later analysis especially by a Judge pertaining to that prenup. We are not even talking about issues associated with transparency and full disclosure which are major issues associated with prenups, I am just talking about the purely jurisdictional issues you could get into where conflicts of laws may arise and that can be a total quagmire and the last thing you want if you are in a situation where you are dissolving a marriage and you just want to equitably and amicably walk away. You really don't want to get locked into, get sort of bogged down in this sort of legal maze of conflicts of laws and all of this good stuff. So something to really keep in mind when looking at obtaining a prenup, drafting a prenup and executing a prenup in a sort of marital context.