Transcript of the above video: 

As the title of this video suggests, we are discussing prenuptial agreements, and we are discussing the timing of prenuptial agreements with regard to Fiancé Visas. So, you are dealing with a K-1 Fiancé Visa, you also want to do a prenup, well timing associated with drafting review and signing of the prenup is important. 

It is worth noting that in an American legal context, prenuptial agreements are viewed to be a little bit different than other types of contracts insofar as the marriage is actually the consideration for the contract itself. So, what we are talking about with regard to this is the fact that you do the contract and then the consideration for the contract is the actual marriage which upon the formalization of the marriage, everything sort of comes together. 

That said, drafting and review needs to happen arguably before a fiancé is going to travel to the United States and therefore what I would call sort of “perfection: of the signatures if you will, the formalities if you will, perfection of the formalities might be the best way to put it, insofar as signature as well as notarization, is going to occur in Thailand generally, and then that person is going to travel to the United States in order to get married and upon the formalization of the marriage, that effectively locks in if you will the prenuptial agreement; that acts as consideration for the contract. Then once that consideration is in existence, the contract is thereby perfected.

So timing is very, very important with regards to drafting review because independent review is also necessary with regard to prenuptial agreements, so that both parties are aware of what they are signing at the time they signed it, and then signature and then subsequent marriage. So, if you are kind of overwhelmed about how that all plays together, it is probably not a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.