Transcript of the above video: 

As the title of this video suggests, we are discussing prenuptial agreements here in Thailand. Specifically we're discussing them in the context of a Thai marrying a foreigner. I'm going to do this primarily from the standpoint of a Thai marrying an American but there is information in here that may be pertinent to those of other nationality. 

What we are talking about is relevant language and when we first start talking to people about prenuptial agreements, the first question they ask is ‘well what language should it be written in?’ My answer to that is generally speaking - and again every case is going to be different and for that reason it's a good idea to contact a legal professional, gain some insight and guidance into your own situation - but generally speaking my answer to that question is usually it needs to be in both of your languages. So if you speak English and she speaks Thai, it's a good idea for it to be in both languages. Now which will be controlling? Well generally speaking, that's going to kind of depend again on the underlying facts of the given case, who drafted the document, as well as the contents of the document and whether or not the translation, the transcribed differences between the Thai and the English are really close together in terms of meaning. So what I'm saying here is you can't create a document wherein in English it will say one thing but then in Thai it will say something totally different and then expect that to be enforceable down the road. No, you need to keep conceptual consistency between the two languages while also using both languages so that it's clear that both parties understood precisely what they were getting into at the time of the marriage. 

As discussed in other videos, issues pertaining to prenups here in Thailand may require some form of Civil Registration which can prove to be cumbersome depending again on the circumstances of the case. Meanwhile, those who are looking to go for example to the United States utilizing a K-1 Fiancé Visa, it may not be necessary to deal with anything associated with the formalities of certifying a prenup here in the Kingdom of Thailand as those folks are generally going to be getting married in the United States of America.

But it's kind of a tricky thing – tricky is the wrong word - it's a bit of a complex thing to go ahead and have a document that's written in both languages that can be enforceable in both jurisdictions. For this reason, again it may not be a bad idea to contact a legal professional in order to gain some insight into how best to draft the document and then thereafter draft it and go ahead and make sure it is then usable for enforceability down the road.